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(영문) 전주지방법원정읍지원 2016.02.04 2014가단3939
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 1,489,727 against the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from August 12, 2014 to February 4, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On October 23, 2013, the Plaintiff entered into a contract with the Defendant to conclude a contract for the construction of the instant building C ground (hereinafter “instant building”) (hereinafter “instant contract”).

B. On January 1, 2014, the Plaintiff completed the instant construction and delivered the instant building to the Defendant. On January 16, 2014, the Defendant completed the registration of ownership preservation in the name of the Defendant regarding the instant building.

C. The Plaintiff was paid KRW 90,000,000 in total as the construction cost of the instant case.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff agreed to construct the instant building at KRW 3.5 million per square year. Since the instant building is 33 square meters, the total amount of the construction cost is KRW 115,500,000.

B) The Plaintiff, as additional construction, constructed a retaining wall and a water indictment for 12 square meters [12 x 600,000 won [12 x 600,000 won] 2. 8,094,500 won for the additional construction work for the reinforcement of internal heat (2,094,500 won for the construction work) 3. The Plaintiff paid 757,000 won for the heating boiler price to be paid by the Defendant on behalf of the Plaintiff 127,082,50 won for the total construction work price of the Plaintiff 115,50,000 won for the additional construction work price of the Plaintiff 10,500 won for the additional construction work price of the Plaintiff / 10,500 won for the additional construction work price of the Plaintiff / 205,000 won for the outer water supply and drainage pipes (87,000 won for the construction work price of the materials) / 300,7005 won for the remainder of the Defendant paid /30000 won for the remainder

2) The Defendant agreed between the Plaintiff and the Plaintiff that the total construction amount was KRW 105,00,000, regardless of the actual horizontal number of the instant building.

B. Internal heat from among the additional works claimed by the Plaintiff.

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