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(영문) 대구지방법원서부지원 2014.05.29 2012가합5248
공사대금
Text

1. The Defendant’s KRW 26,513,200 for the Plaintiff and 6% per annum from November 27, 2012 to May 29, 2014.

Reasons

1. Basic facts

A. On April 19, 2012, the Plaintiff, who manufactures and sells steel structure manufacturing, etc., was awarded a contract for the construction of expanding the Defendant’s warehouse located on the ground of 175 Gyeongcheon-gun, Gyeongcheon-gun, Chungcheongnam-do (hereinafter “instant construction,” and “instant building”) for the extended warehouse within KRW 97 million for the construction cost (excluding value-added tax) and within 15 days from the commencement date of the construction, and obtained approval for the use of the instant building on July 27, 2012 after commencing the instant construction.

B. The Defendant paid to the Plaintiff the construction price of KRW 30 million on the day of the contract (the face value of KRW 20 million, KRW 10 million in cash), KRW 20 million on April 25, 2012, KRW 17,000 on May 17, 2012, KRW 10 million on June 11, 2012, KRW 25 million on June 222, 2012, and KRW 97 million on June 29, 2012.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 3 and 7

2. Judgment on the issue

A. (i) On May 25, 2012, the Plaintiff’s assertion that the construction cost of the instant building was determined (i.e., when the instant building was being in progress, (ii) the Defendant reconstruction the basic civil engineering works on the floor of the instant building, and (iii) requested the installation of a concrete package (hereinafter “instant floor construction”) and auxiliary columns, and the Plaintiff was paid KRW 32.5 million for the instant floor construction (excluding KRW 21 million, KRW 11.5 million, value-added tax), and KRW 18 million for the installation of auxiliary columns (excluding value-added tax), and completed the said additional construction as requested by the Defendant.

② Around June 10, 2012, the construction of the instant construction is underway, the Defendant requested the exterior of the instant building to collect wastewater and install fences, and the Plaintiff was paid the additional construction cost of KRW 35 million (value added tax) and completed the said additional construction as requested by the Defendant.

③ Therefore, the sum of the construction costs that the Plaintiff agreed to receive from the Defendant.

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