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(영문) 부산지방법원 2019.07.25 2016나49426
공사대금
Text

1. Of the judgment of the court of first instance, KRW 18,00,000 against the Plaintiff and its related thereto, from March 31, 2016 to July 25, 2019 against the Defendant.

Reasons

1. Basic facts

A. On March 4, 2015, the Defendant concluded a contract with the Plaintiff on the construction cost of KRW 280 million (56 million at the time of conclusion of a contract, KRW 84 million at the time of completion of aggregate construction, KRW 56 million at the time of completion of aggregate construction, KRW 56 million at the time of completion of outer walls, and KRW 84 million at the time of completion of construction, each payment of KRW 84 million at the time of completion of construction).

(hereinafter “instant contract”). (b)

Around August 19, 2015, the defendant had taken delivery of a new building under the non-approval of completion from the plaintiff and started to reside therein.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Although the Defendant paid to the Plaintiff the construction cost of KRW 280 million under the instant contract plus value-added tax of KRW 28 million, the Defendant paid KRW 38 million, plus KRW 28 million. However, the Defendant paid KRW 200,000,000 on March 12, 2015; KRW 26 million on March 15, 2015; KRW 50,000 on May 15, 2015; KRW 34 million on May 15, 2015; KRW 88 million on June 29, 2015; KRW 200,000 on July 10, 2015; KRW 270,000,000,000,000,000,000,000 to the Plaintiff’s construction cost; and accordingly, the Plaintiff’s assertion that the construction cost was unpaid, as the Plaintiff’s construction cost was changed.

(2) In addition, the Defendant should pay to the Plaintiff the additional construction cost of KRW 21 million, as the Plaintiff was awarded a contract with the Defendant for an additional construction work equivalent to KRW 21 million.

3) Therefore, the Plaintiff claims against the Defendant for the payment of the unpaid construction cost of KRW 22 million and the additional construction cost of KRW 21 million, and damages for delay thereof. (B) The Defendant’s assertion 1) Of the details of the Plaintiff’s repayment, the amount of KRW 88 million as of June 29, 2015 and the total amount of KRW 17.8 million as of July 10, 2015, among the details of repayment made by the Plaintiff.

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