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1. The Defendant: KRW 27,003,494 for the Plaintiff and KRW 5% per annum from April 15, 2016 to November 17, 2017.
Reasons
The Plaintiff asserted that, on June 10, 2015, the scope of the construction contract entered into between the Plaintiff and the Defendant, the Plaintiff was awarded a contract for 119,40,000 won for the construction cost among the construction works that newly build a apartment house (hereinafter “instant housing”) on the land of 637 square meters in Gwangju-si, Gwangju-si, Gwangju-si, for the installation of a charnel house (hereinafter “instant housing”). The Defendant asserted that, in addition to the structural construction works and the installation of outside stairs, the marina works were also awarded a contract
Judgment
On June 10, 2015, the fact that the Defendant awarded a contract to the Plaintiff for the installation of the structural frame and the installation of outside stairs in the instant new housing construction project (hereinafter “instant construction contract”) at KRW 119,40,000,00 for the construction cost is either a dispute between the parties or may be acknowledged by comprehensively taking into account the overall purport of the pleadings on the evidence No. 1.
Although the defendant asserts that it is naturally included in the framework works, the above argument is without merit, since there is no common point such as materials, construction methods, and timing of construction works.
As to the completion of the structural construction works and the installation works for external stairs, the Plaintiff performed the structural construction of the instant house, but there is no dispute between the parties that did not perform the installation works for external stairs. Therefore, the Defendant is liable to pay the Plaintiff the remainder of the construction cost of KRW 119,400,000, excluding the cost of installation works for external stairs, as stipulated in the instant construction contract.
The scope and amount of the cost of installation of external stairs, as the Plaintiff asserted by the Defendant, is a labor contract for the Defendant to supply the materials necessary for the construction, and the Plaintiff only provides labor, and thus only the amount equivalent to the labor cost out of the total cost required for installing external stairs.