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(영문) 춘천지방법원속초지원 2020.02.06 2018가합200104
건물등철거
Text

1. The defendant shall pay 284,00,000 won to the plaintiffs and 12% per annum from October 17, 2019 to the day of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiffs: (a) the construction of a new F hotel on the ground of land E and one parcel, including the conclusion of the construction contract and the payment of the construction cost (hereinafter “instant construction”).

(1) As to March 31, 2016, the contract agreement between the Defendant and the construction cost of KRW 3.82 billion, the commencement date of construction work, April 1, 2016, the completion date of construction work, and December 31, 2016 (hereinafter “instant contract agreement”).

(2) The Plaintiffs and the Defendant agreed to increase the construction cost of the instant case in total to KRW 4,140,424,865, as the instant design was changed during the construction process and the additional construction was made in relation to the PHC file work.

Although there was a dispute as to the amount of the final construction cost increased between the plaintiffs and the defendant, since the plaintiffs revised the purport of the claim according to the construction cost calculated based on the final construction cost claimed by the defendant, the amount of the final construction cost shall be governed by the defendant's assertion.

3) According to the progress of the instant construction project, the Plaintiffs paid a total of KRW 1 billion to the Defendants. (b) The Plaintiff, C, and the instant construction supervision entity, G, Defendant representative director H, Defendant management director I, and On-Site Director J, etc., who are the design supervision entity of the instant construction, were discussed on July 29, 2016.

2. On August 5, 2016, the Defendant sent to the Plaintiffs a public notice demanding the payment of additional construction cost of KRW 180 million, in addition to KRW 1 billion already paid according to the construction cost, since the construction was suspended at the request of the Plaintiffs on July 29, 2016.

However, the plaintiffs notified the defendant that the above details of the settlement cannot be accepted, and the defendant demanded the payment of the above additional construction cost again on August 16, 2016, and the plaintiffs do not accept it.

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