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(영문) 수원지방법원 2016.07.12 2013가합16636
공사대금
Text

1. Defendant B’s KRW 80,03,00 and the Plaintiff’s annual rate of KRW 6% from October 16, 2013 to July 12, 2016.

Reasons

1. Basic facts

A. On April 2009, the Plaintiff was awarded a contract for electrical equipment, telecommunications equipment, and fire fighting installation (hereinafter “instant construction”) of the building of the Young-gu D-Ground E Child Care Center Building (hereinafter “instant building”) in Young-gu, Young-gu (hereinafter “instant building”) from Defendant B, without agreement on the amount of the construction cost.

B. The Plaintiff completed the instant construction on September 2010, and the Defendants obtained approval for the use of the instant building from the competent authority on October 28, 2010.

C. Defendant B paid to the Plaintiff KRW 65,475,000 in total,00,00 on December 10, 2009, KRW 10,000 on March 31, 2010, KRW 5,475,000 on April 28, 2010, KRW 10,000 on July 26, 201, and KRW 65,475,000 on August 2, 2011.

On June 15, 2011, the Plaintiff submitted a written estimate (Evidence A 15-1) calculated the construction cost of the instant case as KRW 233,700,000 to Defendant B.

Meanwhile, the instant construction cost calculated by the appraiser F by applying the temporary termination price in August 2015 is KRW 143,710,305 for electrical construction, KRW 16,44,586 for telecommunications construction, KRW 18,609,05 for fire-fighting construction, and KRW 23,236,100 for indirect costs (excluding value-added tax).

[Ground for Recognition: Facts without dispute; Gap evidence Nos. 15, 26, Eul evidence Nos. 6 through 9 (including branch numbers if any); the fact inquiry conducted on August 21, 2015 with respect to F of this Court; the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion of the construction cost of this case is KRW 233,700,00, and Defendant B has already paid KRW 60,700,000 to the Plaintiff under the pretext of the construction cost. As such, Defendant B is obligated to pay the Plaintiff the remainder of the construction cost of KRW 173,70,000 (=23,700,000 - KRW 60,000) and value-added tax of KRW 23,370,00 in total and KRW 197,070,000.

B. 1) According to the above basic facts, the construction cost of this case, which Defendant B had originally paid to the Plaintiff, shall be KRW 222,200,000 (i.e., the construction cost of KRW 202,00,000,000).

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