(영문) 서울중앙지방법원 2015.06.29 2014가합10330

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(영문) 서울중앙지방법원 2015.06.29 2014가합10330

공사대금

Text

1. The Defendant’s KRW 129,252,428 as well as the Plaintiff’s annual rate from December 21, 2013 to March 12, 2014, and the following.

Reasons

1. Facts of recognition;

A. The Defendant asked the Plaintiff, who is the owner of Seocho-gu Seoul Metropolitan Government C 102 Dong 1503 (hereinafter “instant apartment”) about the interior interior interior of the instant apartment (hereinafter “instant apartment”).

Accordingly, the plaintiff presented four estimates (A, B, C, and D) concerning the instant construction work to the defendant.

B. On September 12, 2013, the Plaintiff and the Defendant entered into a contract with the content that the construction cost shall be KRW 150,000,000 with respect to the instant construction work (excluding value-added tax) on the contractual date; 30% of the prepaid payment shall be the contract date; 30% of the intermediate payment shall be the intermediate payment in the construction; and 40% of the remainder shall be paid on the construction completion date (hereinafter “instant contract”).

C. The content related to the instant case is as follows among the interior contract written at the time of the instant contract, and the written estimate B written in which the construction cost is KRW 150,000,000 (value-added tax separate) was attached to the said written contract.

Article 2 (Name of Construction and Construction Subject Matters): The “Plaintiff” shall provide the details of the interior construction work of the apartment of this case to “A” and the details of the construction work approved by “A” shall be attached to this Agreement, and the details of the construction work approved by “A” shall constitute a part of the separate contract.

Article 4 (Total Amount of Contract: 150,000,000 won (excluding value-added tax) and the details of extra construction.

The construction cost shall include both purchase cost, material cost, purchase cost, installation cost, personnel cost, taxes and public charges for various kinds of goods subject to construction specified in the separate table, and Eul may not request Gap to pay any additional amount under any pretext unless otherwise stipulated in this Agreement. If Gap purchases directly the goods or materials listed in the separate table, it shall be decided to reduce the construction cost to the corresponding amount.

Provided, That it is essential for A to purchase directly goods or materials.

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