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(영문) 대전지방법원논산지원 2015.07.16 2015가단239
공사대금
Text

1. The Defendant’s KRW 21,140,00 for the Plaintiff and KRW 5% per annum from December 6, 2014 to January 28, 2015.

Reasons

Basic Facts

A. On September 1, 2014, the Plaintiff was awarded a contract with the Defendant for construction cost of KRW 34,200,000 for construction work that newly constructs six bonds of light-weight structure, prefabricated panel, branch, multi-family single house (hereinafter collectively referred to as “instant bank”).

(hereinafter “instant contract”). (b)

The Defendant filed a building report on the instant vacation with the Mayor of Seosan on September 19, 2014, and received the said report, and the Defendant reported the commencement of construction on September 19, 2014, and the Plaintiff commenced a new construction of the instant vacation around September 22, 2014, and delivered the instant vacation to the Defendant on the same day after completing the construction work on December 5, 2014.

In addition, on January 8, 2015, the Plaintiff obtained approval for the use of the instant bank.

C. The Defendant paid the Plaintiff KRW 22,00,000,000 as construction price under the instant contract, and KRW 7,000,000 on October 8, 2014, and KRW 5,000,00 on November 3, 2014.

[Grounds for recognition] The plaintiff asserts that the construction cost should also be included in the construction cost since he/she entered into an additional construction agreement at the defendant's request and paid an additional construction cost of KRW 8,940,00,00 in the course of the construction work newly constructed due to the instant dispute, while the defendant asserts that the construction cost should also be included in the construction cost, since he/she entered into an additional construction agreement with the plaintiff.

According to the statement No. 1-2 and No. 2-1 through 5 of the evidence No. 1-5, and the purport of the witness D’s testimony and pleading, the Plaintiff was additionally awarded a contract for several construction works, which were not indicated in the above drawings, from the Defendant around Nov. 2004, while the Plaintiff was performing the construction of the instant reed construction in accordance with the drawings issued by the Defendant. (hereinafter “instant additional construction agreement”).

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