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(영문) 청주지방법원 2016.08.25 2016가단104845
공사대금
Text

1. The Defendant’s KRW 19.2 million with respect to the Plaintiff and 5% per annum from February 12, 2015 to August 25, 2016.

Reasons

1. Judgment as to the main claim

A. In full view of the purport of each argument in Gap evidence Nos. 1 through 4, Gap evidence Nos. 7, and Eul evidence Nos. 8 (including each number), the defendant was a party to the construction of "E Child Care Center" (hereinafter "the construction of this case"), which is a three-story building located in Sejong-si, and then around May 2014, the defendant concluded a new construction contract with Eul for the construction of "E Child Care Center" (hereinafter "E Child Care Center") of the construction cost of 48 million won (the construction cost of this case shall be KRW 400 square x 1.2 million), and the payment period of the construction cost shall be settled, and the balance shall be paid after completion of the construction, and the plaintiff was orally subcontracted to the plaintiff. The plaintiff was awarded the subcontract from May 2014 to the plaintiff and completed the construction of this case from May 1, 2014, the plaintiff requested the plaintiff to complete the construction of the additional construction work of this case, and the plaintiff's additional construction work of this case shall be deemed as follows.

According to the above facts, barring any special circumstance, the defendant is obligated to pay the plaintiff the unpaid construction cost of KRW 19.2 million (2 million for additional construction cost of KRW 48 million - 31 million for the amount already paid) and damages for delay, which is not paid among the construction cost of this case and the additional construction cost of this case.

B. As to the Plaintiff’s assertion, the instant construction and additional construction were completed in the absence of agreement between the Plaintiff and the Defendant with the assent on the total cost of construction, such as the unit price per square meter. According to the appraiser F’s appraisal result, the amount invested by the Plaintiff in the said construction and additional construction is calculated as KRW 138,79,609 in total, and thus, the said amount is the original Defendant.

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