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(영문) 수원지방법원안산지원 2017.06.08 2015가합1601
공사대금
Text

1. Defendant A’s KRW 336,672,060 as well as 6% per annum from September 1, 2014 to June 19, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On September 12, 2013, the Plaintiff was awarded a contract with Defendant A for construction works for urban residential housing and business facilities seven-story buildings (hereinafter “instant building”) to Sejong Special Self-Governing City by the end of March 31, 2014, with the construction cost of KRW 1.265 million (including value-added tax) as fixed by March 31, 2014.

B. The Plaintiff and Defendant A extended the construction period on March 30, 2014 to May 31, 2014, and again extended the construction period on May 30, 2014 by June 30, 2014, and the contract amount was increased to KRW 1.29 billion (including value-added tax; hereinafter “basic construction cost”). The Plaintiff and Defendant A agreed to pay KRW 6.82 million of the additional construction cost by extending the construction period to the end of August 30, 2014.

C. After having received delivery of the instant building completed by the Plaintiff, Defendant A obtained approval for use on October 16, 2014 as to the instant building, and completed registration of ownership preservation on November 19, 2014.

Defendant A paid a total of KRW 870,043,250 to the Plaintiff from October 8, 2013 to January 26, 2015.

E. Meanwhile, on the other hand, on December 11, 2014, Defendant A entered into a pre-sale agreement with Defendant B on each of the instant real estate owned by him/her, and on December 18, 2014, Defendant A completed the provisional registration of the right to claim ownership transfer registration under the receipt No. 201980 on December 18, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 42 (including the relevant branch numbers), the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. According to the above facts of recognition as to the cause of the claim, Defendant A is obligated to pay the unpaid construction cost of KRW 429,276,750 (=total construction cost of KRW 1,299,320,000 – KRW 870,043,250) to the Plaintiff, unless there are special circumstances to the contrary.

B. On December 11, 2014, Defendant A paid 39,410,000 won to the Plaintiff, which was determined as to Defendant A’s defense.

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