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(영문) 수원지방법원 2014.02.07 2012가합14756
공사대금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 58,710,428 and the amount of KRW 40,545,876 from July 20, 2012 to the day of full payment.

Reasons

1. Basic facts

A. On May 24, 2010, the Plaintiff was awarded a contract with the Defendant for the extension of the Dongjak-gu Seoul Metropolitan Government Ground Living Facilities (hereinafter “instant construction”). The contract amount of KRW 447,00,000 (excluding value-added tax), May 24, 2010 on the commencement date, and September 14, 2010 on the completion date of construction; however, the Plaintiff provided that the remainder except the down payment and the progress payment shall be paid within one month after the completion of construction.

(hereinafter “instant contract”). (b)

Although approval for use was granted on March 28, 201 with respect to the instant construction project, the Defendant paid to the Plaintiff only the remainder of KRW 95,000,000 and value-added tax, out of the total construction cost of the instant case, until the closing date of the argument.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) As additional construction costs (including value-added tax) incurred due to the Defendant’s additional construction works such as balcony expansion works and rooftop brick construction works in addition to the existing construction costs in this case, the total construction costs that the Defendant is obliged to pay to the Plaintiff seems to have been written in 140,041,447 won (140,041,41,417 won) in total, including the remainder of the construction costs in this case and the additional construction costs.

In addition, as to the construction cost of this case, the Defendant paid damages for delay at the rate of 1/100 per day from the contract of this case to July 20, 2012, the remainder of the construction cost of this case and additional construction cost plus the damages for delay at the above rate of 217,573,437, which is the date of receipt of the complaint of this case, and the value-added tax on the principal is added thereto. 2) Meanwhile, the Defendant’s defect repair of the Plaintiff as to the construction work of this case and the damages for delay due to the failure to perform construction are KRW 16,614,897, in total, since it is deducted from the Plaintiff’s damages for delay and claims against the Defendant as of July 20, 2012.

3. Therefore, the defendant shall pay to the plaintiff KRW 200,958,540.

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