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(영문) 의정부지방법원고양지원 2016.06.15 2014가합7650
공사대금
Text

1. The Defendant’s KRW 62,460,771 as well as the Plaintiff’s KRW 5% per annum from November 13, 2014 to June 15, 2016.

Reasons

1. Basic facts

A. On May 31, 2013, the Plaintiff received construction cost of KRW 292,747,400 from the Defendant to remove obstacles among the urban planning road construction works (hereinafter “instant construction works”).

(hereinafter “instant contract”). (b)

On April 4, 2014, the Plaintiff and the Defendant entered into a modified contract with the content that the construction cost shall be increased to KRW 353,408,000 under the instant contract, and the Plaintiff completed the instant construction work around April 30, 2014.

C. Meanwhile, the Defendant paid to the Plaintiff KRW 270,562,400 in total, including KRW 87,847,400 on June 10, 2013, KRW 71,715,00 on October 25, 2013, and KRW 11,00,000 on April 29, 2014.

[Reasons for Recognition] Facts without dispute, Eul evidence 2-1, Eul evidence 3-1, Eul evidence 7-1, Eul evidence 7-2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the construction cost of the instant construction project provided by the Defendant was calculated as KRW 338,40,00,000, and the contract for the instant construction project was concluded through a tendering procedure with the construction cost of KRW 292,747,400, which is 86.5% of the said amount as the construction cost. The said design was excluded from some types of construction, such as the installation of a two lines necessary for performing the instant construction project, or the volume of other types of construction has been reduced. Thus, the Plaintiff had no choice but to increase the construction cost on a more inevitable basis than the reduced construction cost.

1) The Defendant shall pay to the Plaintiff KRW 204,720,796, which remains after deducting the amount of construction work paid by the Plaintiff from KRW 475,283,196, which is recognized as a result of the appraiser’s appraisal, from KRW 270,562,40. 2) The Defendant shall pay to the Plaintiff the remainder of the construction work in this case (the contract price of KRW 353,408,00) and the additional construction cost of KRW 121,875,196 for the added volume (the contract price of KRW 353,408,400) and the additional construction cost of KRW 270,562,40.

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