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(영문) 서울중앙지방법원 2015.10.15 2014가단5329810
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 26, 2010, the Plaintiff entered into a contract for construction works with the Defendant to perform the following construction works:

(hereinafter “instant construction contract”). The name of the construction project: The construction period of one parcel, other than B, Jung-gu, Seoul Special Metropolitan City, and one parcel of land: the starting date of November 201; the contract amount of May 201: 1, 200,000,000 won: the warranty period of 2 years and 6 months: the construction of 8 studio at the first floor after completion of the construction works.

(B) After completion, the Corporation shall separately perform the work of free vibration at the time of rocking the underground floor.

Value-added tax shall be adjusted through consultation between the contractor and the project owner.

B. After the contract for the instant construction work, the Plaintiff and the Defendant incurred additional construction costs due to cancer construction, etc., the instant construction cost was increased to KRW 1.245 billion.

C. The Plaintiff completed the instant construction project, and received a total of KRW 1.284 billion from the Defendant, including additional construction costs.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4-1 to 3, Gap evidence 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff alleged that he did not receive 50,846,00 won in total from the defendant for the following reasons, and the plaintiff sought payment of the above money to the defendant.

① The construction cost of KRW 21,606,600 based on the instant construction contract was KRW 6,240,000 for additional construction cost (3) the construction cost of KRW 15,500,000 for the construction cost after completion (the studio change in the management office, the stone studio work) ④ The amount of money paid by the Defendant to the Plaintiff in lieu of loan obligations owed by the Defendant to the Plaintiff.

B. On the other hand, the Plaintiff received KRW 1,284,00,000 from the Defendant even though it received KRW 1,305,606,60,00, including value added tax, according to the instant construction contract, and thus, the Plaintiff shall be paid KRW 21,60,600 for the remainder of the construction cost.

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