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(영문) 서울중앙지방법원 2017.07.12 2014가합49215
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shared KRW 78,745,902 with respect to the Plaintiff (Counterclaim Defendant) and its related amount from October 21, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendants are co-ownership owners of Seocho-gu Seoul Metropolitan Government D major 29 square meters and E major 231.3 square meters.

On August 2012, the Plaintiff entered into a construction contract with the Defendants for construction of multi-household housing (hereinafter “instant building”) on each of the above lands (hereinafter “instant construction”) to the construction cost of KRW 1,509,600,000 (excluding value-added tax), and to the construction work from August 2012 to March 2013 (hereinafter “instant contract”). The Plaintiff started construction work around that time.

B. On July 10, 2013, the Defendants entered into a performance guarantee insurance contract with the head of Seocho-gu as to the defects in the 1,2,3,4,5, and 10 years of the instant building with Seoul Guarantee Insurance Co., Ltd., and received a guaranty insurance policy after paying the insurance premium therefrom.

C. On July 23, 2013, approval for the use of the instant building was granted by the competent authority.

The Defendants paid the Plaintiff KRW 1,565,000,000 as the construction cost of the instant case.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 1, and the result of this court's order to submit financial transaction information to Gangnam Branch Seoul Guarantee Insurance Co., Ltd., the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion was to perform additional construction works on the instant construction at the request of the Defendants. The Defendants paid only KRW 1,565,00,00 out of the total construction cost and the additional construction cost of KRW 1,829,277,387, and only KRW 1,565,00,000 to the Plaintiff. As such, the Defendants jointly liable to pay the Plaintiff the construction cost of KRW 264,277,387 (=i.e., KRW 1,829,27,387 – KRW 1,565,00,000) and damages for delay.

B. Determination 1 on the cost of the additional construction is as follows: (a) Party A’s certificate No. 2 and appraiser’s statement on the cost of the additional construction.

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