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(영문) 대구지방법원 2019.04.05 2017가단9609
공사대금
Text

1. The Defendant’s KRW 85,389,546 as well as the Plaintiff’s annual rate of KRW 5% from July 16, 2016 to April 5, 2019, and the next day.

Reasons

1. Chief;

A. Plaintiff’s assertion 1) The Plaintiff and the Defendant concluded a contract on April 15, 2016 with respect to the interior and interior and interior construction of the third floor among the Seo-gu Seo-gu C Ground Buildings (hereinafter “instant construction contract”).

(2) The Plaintiff concluded the instant construction contract from April 15, 2016 to the same year under the instant construction contract.

7. By the fifteenth day of the construction work, the construction work was carried out such as floor, day, facility and installation, and wooden construction. The construction work cost is KRW 141,294,560, and KRW 6,388,320, and KRW 1,98,00,000, which are the sum of KRW 149,670,880, and additional construction cost (excluding value-added tax) arising from the appraisal of the construction cost of this case.

3) Therefore, the Defendant is obligated to pay to the Plaintiff 93,637,698 (including value-added tax) the total construction cost of KRW 71,00,000,000, and the amount of KRW 93,637,968, which is calculated by deducting the total construction cost of KRW 164,637,698 (including value-added tax) from the end of July 16, 2016 until the date of delivery of the application for change of claims and claim purport of the Civil Act and KRW 5% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. (B) The Defendant’s assertion 1) did not unilaterally require the Plaintiff to pay the Plaintiff the construction cost of KRW 23,680,00 (or KRW 18,680,000) with the total construction cost of KRW 20,000,000 (or KRW 18,680,000,00) other business operators.

2 The claims for the defect are the defect in which water flows in the shower box, the defect in which the tent flows, the defect in which the cafeteria is cut, the defect in which the cafeteria floor is cut, and the tent singingler.

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