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(영문) 광주지방법원 2015.10.01 2015가단506777
공사대금
Text

1. The Defendant’s KRW 15,248,00 for the Plaintiff and its related KRW 5% per annum from October 7, 2014 to October 1, 2015.

Reasons

Facts of recognition

On June 30, 2014, the Plaintiff entered into a construction contract between the Plaintiff and the Defendant with a contract for construction works (including value-added tax) with the Defendant for the construction works to install interior facilities for the operation of the Handry Asysium in the building owned by the Defendant (hereinafter “instant construction works”) at the cost of KRW 363 million.

Before the contract, the written estimate submitted by the Plaintiff was written as follows: “Construction Work (Construction Work on the wheeler, Construction of Internal stairs and Handway, New Installation of Track Stacker, New Installation of Air-conditioner, and Air-conditioner, Electricity distribution line inside and outside the boundary of the signboard, power voltage, power voltage, decentralization, fire-related construction work (related to the reception team), removal work, alteration of purpose of use, large-scale repair, etc.”

The Plaintiff completed the instant construction work on October 6, 2014, and received a total of KRW 363 million from the Defendant.

As a result of the appraiser A’s appraisal, the appraiser A conducted an appraisal of the existence or absence of the additional work and its value on the basis of drawings, specifications, etc. at the time of the contract, and the result is as listed below:

The damage incurred due to the delay in construction works was included in the portion of the additional construction works, but it appears to the purport that the plaintiff suffered additional damage due to the delay in construction works on the part of the defendant, so it is judged as a claim for damages.

【Ground of recognition” without any dispute, Gap's evidence Nos. 1, 2, 7, Eul evidence Nos. 1, 2, and 5, the appraiser A's appraisal result, and the purport of the entire pleadings, based on the appraiser A's appraisal result, the plaintiff asserted that, based on the appraiser A's appraisal result, additional construction was incurred while installing walls, installing steel bars of the first floor, the first floor toilets, the ground floor toilets, the second floor household appliances of the second floor, the change in the warehouse section of the second floor, the second floor fire retardant class film and the first class film of the second floor, and the second floor fire retardant class film, the additional damage was incurred due to the delay in construction of the part in charge by the defendant's side, and the payment is paid.

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