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(영문) 서울서부지방법원 2016.09.23 2015가단28091
공사대금
Text

1. The Defendant shall calculate 5,234,00 won to the Plaintiff at the rate of 15% per annum from September 5, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On December 10, 2014, the Plaintiff concluded a contract with the Defendant for the interior decoration construction of the nine-story office in Bupyeong-gu, Seocheon-gu, Seocheon-gu as the construction cost of KRW 110 million (including value-added tax). As a special agreement, the Plaintiff stated that “the cost of household appliances and office equipment (OA) is excluded, and the cost of removal (6,00,000) is separate.”

B. Around December 10, 2014, the Plaintiff commenced removal of the said site and completed construction works on January 15, 2015, and received KRW 94.5 million from the Defendant from December 11, 2014 to July 3, 2015.

C. On the other hand, the Plaintiff left B (C removal) with removal related to the above project, and there was KRW 12 million with the removal cost mentioned in the above special agreement. D.

The Defendant, upon the Plaintiff’s introduction, purchased air conditioners from D (E) but did not pay KRW 10 million to the Plaintiff on February 3, 2015. The Plaintiff purchased air conditioners from F on the Plaintiff’s introduction, but did not pay KRW 17810,000,000 on behalf of the Plaintiff.

[Ground for Recognition: Facts without dispute, Gap's 1, 3, 4, 5, 8, 9, 10, 14, the purport of the whole pleadings]

2. Judgment on the parties’ assertion

A. The Plaintiff’s claim for part of KRW 15.5 million for the remainder of the alleged construction work (i.e., KRW 110 million-94.5 million) and the cost of removal that the Defendant agreed to pay, KRW 12.5 million, and KRW 15 million for the installation of air conditioners paid on behalf of the Plaintiff and KRW 15 million for air conditioners paid on behalf of the Defendant (i.e., KRW 15 million + KRW 15.5 million + KRW 12.5 million + KRW 15 million + KRW 15 million).

B. Although the Defendant’s assertion through the foregoing construction, intended to operate the above space as the Hari Institute, the Plaintiff did not complete the construction without properly installing the relevant facilities, and the additional construction claimed by the Plaintiff cannot be recognized.

Even if the plaintiff's claim is accepted, the plaintiff did not complete construction until January 30, 2015, and only some facilities must be installed around April 2015.

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