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(영문) 부산지방법원 2017.07.19 2016가합50194
유치권확인 등
Text

1. The Defendant’s KRW 109,136,00 for the Plaintiff and 6% per annum from June 20, 2017 to July 19, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in the construction business, etc. with the trade name of C, and the Defendant is the owner of the new construction project of E Apartment-gun located on the ground D, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant building”).

B. On June 15, 2015, the Plaintiff entered into a contract with the Defendant to conclude a contract for the construction amount of KRW 288,000,00 and the construction period from June 17, 2015 to October 30, 2015 (hereinafter “instant contract”).

C. Until October 2015, the Plaintiff performed the instant construction work, and the Defendant directly paid the Plaintiff the total amount of KRW 120 million to the construction cost under the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion on the claim for the construction cost was to perform additional construction work equivalent to KRW 190,14,000,00 in total, including the roof tower, machine room, and expanded beer (i.e., KRW 600,000 x 190 x 190). Since the remainder of the instant construction work, including the aforementioned additional construction, excluding the structural frame of KRW 7.2 million, the Defendant is obligated to pay the Plaintiff the additional construction cost of KRW 274,80,00 in total (i.e., the agreed construction cost of KRW 288,00,000 in total) - the additional construction cost of KRW 114,00,000 in total - the construction cost of KRW 720,00 in total - the construction cost of KRW 12,000 in total - the construction cost of KRW 2,000 in consideration of the fact that the Defendant directly paid to the Plaintiff as seen earlier.

Gap evidence 2-2, Eul.

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