logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2015.12.10 2014가합1036
공사대금
Text

1. The defendant shall pay to the plaintiff 99,00,000 won with 15% interest per annum from July 26, 2014 to the day of full payment.

Reasons

1. The Plaintiff asserted that he was awarded a contract from the Defendant for the installation of a separate collection site of A apartment waste and the removal of structures in the Gunsan-si (hereinafter “instant construction”) and completed all additional construction works upon the Defendant’s request.

Therefore, the defendant should pay to the plaintiff the total of KRW 99,00,000 and KRW 72,000,000 for additional construction costs, and delay damages.

2. The fact that the Plaintiff, on October 7, 2013, contracted the instant construction from the Defendant to KRW 99,00,000 (including value-added tax) and completed the construction as stipulated in the contract, does not dispute this.

Therefore, as the Plaintiff seeks, the Defendant’s statutory interest rate of KRW 99,00,000 for the agreed construction cost and KRW 15% per annum from July 26, 2014 to the date of full payment, which is the day following the delivery of the complaint, was revised as 15% per annum on October 1, 2015.

shall be liable to pay damages for delay.

3. In order to recognize the Plaintiff’s claim for additional construction cost, there must be agreement between the Defendant and the original Defendant on major matters, such as the content of the additional construction and whether the additional construction cost was paid, as alleged by the Plaintiff. According to the evidence No. 1, Article 8(1) of the instant contract for construction work provides that “If any change in specifications is needed before or during the implementation of the instant construction work, the original Defendant may make a change through consultation.”

The burden of proof for the additional construction works is asserted on the plaintiff.

As to this, the plaintiff asserts that the defendant's chief of the management office, the chief of the management department, the auditor, etc. ordered the additional construction work

In addition to the whole purport of the pleadings, Defendant Management Office B, the auditor C, etc. delivered to the Plaintiff the requirements or pointed out matters related to the construction project in the course of the instant construction project, on several occasions.

arrow