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(영문) 전주지방법원남원지원 2016.09.07 2015가단1452
공사대금
Text

1. The Defendant’s KRW 24,283,664 as well as the Plaintiff’s annual rate of KRW 6% from February 1, 2015 to September 7, 2016.

Reasons

1. Determination as to the cause of claim

A. On February 2014, the Plaintiff entered into a contract (hereinafter “instant contract”). Around February 2014, the Plaintiff and the Defendant agreed to settle the additional construction cost after the completion of the construction work, and to pay the remainder of the construction cost after deducting part of the construction cost paid in the middle from the completion of the construction work. The Plaintiff and the Plaintiff agreed to pay the construction cost after completion of the construction work.

3) According to the instant contract, the Plaintiff started the instant construction from May 2014 to January 15, 2015, and newly constructed housing (hereinafter “instant housing”).

B) At the time, the Plaintiff and the Defendant delivered to the Defendant the additional construction cost of KRW 68,05,00 (i.e., multi-use rooms and storage foundation construction cost of KRW 3,471,520,000 (i.e., KRW 6,600,000 for multi-purpose construction cost of KRW 2,50,000 for multi-purpose waterworks construction cost of KRW 2,50,000 for KRW 2,50,000 for KRW 14,645,00 for the construction cost of KRW 4,729,00 for each septic tank, and KRW 4,700 for the construction cost of KRW 4,729,00 for each multi-purpose construction cost of KRW 3,471,00 for the storage foundation construction cost of KRW 29,520 for the instant housing construction cost). After the Defendant applied for approval for use on January 20, 2015.

5) Meanwhile, the Defendant paid to the Plaintiff a total of KRW 119,721,00,00 as the construction price under the instant construction contract. The purport of the entire pleadings and arguments is as follows: (a) the Plaintiff did not have any ground for recognition or is the Plaintiff; (b) the evidence Nos. 1 through 4; (c) the evidence Nos. 1 through 1, 2, 11-1 and 2;

B. According to the above facts, the construction cost that the Defendant did not pay to the Plaintiff under the instant contract is KRW 59,074,000 (=the agreed construction cost of KRW 110,700,000).

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