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Reasons
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(영문) 서울중앙지방법원 2017.09.22 2014가단240387
공사대금
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1. The Defendant’s KRW 29,012,60 for the Plaintiff and KRW 5% per annum for the period from December 10, 2014 to September 22, 2017.

Reasons

1. Facts of recognition;

A. On August 1, 2014, the Plaintiff received a contract from the Defendant from the Defendant during the period from August 1, 2014 to August 21, 2014, for the construction cost for the construction work as the second-story Modern Modern Twit Korea located under the 257 Modong, Yangcheon-gu, Seoul.

B. On August 2014, the Plaintiff completed the instant construction work.

C. The Defendant paid the Plaintiff KRW 32,000,000 as the construction price.

[Grounds for Recognition: Descriptions of Evidence Nos. 1 and 3, Evidence Nos. 2-1 through 3, the purport of the whole pleadings]

2. Determination

A. (1) According to the determination on the cause of the claim (1) The defendant is obligated to pay the Plaintiff the remainder of KRW 38,400,000,000 after deducting the fixed construction cost from KRW 32,00,000 (value added tax of KRW 64,00,000) as the construction cost, barring any special circumstance, and the damages for delay.

(2) The Plaintiff spent KRW 3,00,000 to the cost of removing the existing facilities in the instant burial. Since the Defendant, among them, bears KRW 1,650,000 (including value added tax), the Defendant asserts that the Defendant is obligated to pay KRW 1,650,000 to the Plaintiff as additional construction cost, it is insufficient to acknowledge that the Plaintiff and the Defendant agreed on the additional construction cost and the payment of the said additional construction cost, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s claim for the additional construction cost is without merit.

B. The defendant's assertion (1) asserts that the defendant set off the claim for the construction price of this case with damage claim in lieu of defect repair, since there are defects as shown in the attached Table, and the cost of repairing them is a total of KRW 15,161,300 (Value 1,378,300 value-added tax of KRW 13,78,00 as stated in the same table) as stated in the same table.

Expenses for repairing defective items;

1. Bank room:

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