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(영문) 부산지방법원 2018.02.06 2017가단1680
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B and C are the owners of the 3rd floor building located in Busan Seo-gu E (hereinafter “instant building”), and Defendant D is the husband of Defendant B’s son.

B. On August 24, 2016, the Defendants entered into a contract with the Plaintiff for remodeling construction of the instant building (hereinafter “instant construction”) by setting the construction cost of KRW 68 million (excluding value-added tax) and the construction period from September 5, 2016 to October 5, 2016.

C. On November 7, 2016, the Plaintiff completed the instant construction project including additional construction work.

The Defendants paid KRW 65 million to the Plaintiff as construction cost, and around November 14, 2016, the Defendants moved into the instant building.

[Ground of recognition] Evidence Nos. 1, 4, Eul No. 2-1, 2-2, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the unpaid amount of the instant construction project is KRW 3 million (i.e., KRW 68 million - KRW 65 million) and the additional construction cost is KRW 7,407,946 [The additional construction cost appraisal result = KRW 6,214,638, the additional construction cost of KRW 1,193,308 (the difference between KRW 5.1 million and KRW 3,906,692, which is the result of the appraisal of the said items of construction project by the Defendant as a result of the appraisal of the automatic text and the said construction cost)] is the aggregate of KRW 10,407,946, and the Defendants are jointly and severally liable to pay KRW 10,407,946 to the Plaintiff.

3. Determination

A. The fact that only KRW 65 million out of the unpaid construction cost of this case was paid (excluding value-added tax) is as seen earlier. As such, the unpaid construction cost of this case is KRW 9.8 million (= value-added tax of KRW 68 million - KRW 6.8 million).

B. According to the appraisal results and the purport of the present court’s appraisal results with respect to appraiser F of the Additional Construction Costs, the instant construction project was subject to an additional construction agreement as to the following items of construction. According to the appraisal results of KRW 12,895,196, and the fact-finding results on the appraiser, the total cost is KRW 6,214,638, which is the defect repair cost thereafter.

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