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Reasons
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(영문) 대구지방법원 2016.08.26 2014가합5528
공사대금
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1. The Defendant’s KRW 920,867,961 as well as the Plaintiff’s annual rate from March 28, 2014 to August 26, 2016.

Reasons

1. Basic facts

A. On June 25, 2013, around October 2015, the Plaintiff changed the name of the Defendant from “A” to “A” corporation from “A” to “A”.

B. The Plaintiff entered into a contract with the Defendant for the construction of a factory on the Daegu Dong-gu and two lots (hereinafter “instant construction”). The main contents of the contract are as follows.

(A) Around October 2013, the date of completion was changed to December 30, 2013; hereinafter “instant contract”). [Standard Contract for Private Construction Works]

1. Name of official: Dwork;

2. Public-private partnership site: Daegu Metropolitan City, Dong-gu, and two pieces, respectively.

3. Date of commencement: July 10, 2013.

4. Date scheduled for completion: October 10, 2013 (Change to December 30, 2013).

5. Total amount of gold: 2,310,000,000 won per day (including value-added tax).

B. Following the completion of the instant construction, the Defendant completed registration of initial ownership relating to buildings, such as factories (hereinafter “instant real estate”) around March 28, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 3

2. Determination as to the claim

A. (1) The Defendant asserts that the construction cost based on the instant contract is equivalent to KRW 1.6 billion, but the evidence submitted by the Defendant alone is insufficient to acknowledge it, and there is no clear evidence to acknowledge it otherwise, it is reasonable to deem that the construction cost of this case is KRW 2,310,000,000 (including value-added tax) stated in the instant contract as the construction cost of this case.

(2) The Defendant’s major grounds for the claim for the construction cost of this case are as follows: (a) the contract amount is KRW 2,310,00,000, and the contract amount is indicated in the expenditure column as KRW 1,581,171,439, and it is difficult to regard the amount indicated in the expenditure column as the contract amount stipulated in the construction project of this case; and (b) it is difficult to find out the circumstances to exclude the contract amount as the contract amount stipulated in the construction project of this case).

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