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(영문) 대전지방법원 홍성지원 2018.07.03 2016가단7821
공사대금
Text

1. The Defendant’s KRW 35,512,985 as well as the Plaintiff’s annual rate of 5% from May 15, 2018 to July 3, 2018.

Reasons

1. Basic facts

A. On March 17, 2015, the Plaintiff entered into a contract with the Defendant for the construction of a defry processing plant on the ground (hereinafter “instant construction”) on the following grounds: (a) with respect to the construction cost for the construction of a building for non-party D non-party D (hereinafter “instant construction”); and (b) with the construction period up to May 23, 2015 (hereinafter “instant contract”).

B. The Plaintiff entered into an oral contract with respect to the repair of Defendant’s housing and the construction of warehouse among the instant construction works (hereinafter “instant additional construction works”).

C. Since completion of the instant construction, the Plaintiff obtained approval for the use of the instant construction from the lower-ranking market on June 4, 2015, and completed the instant additional construction around July 2015.

On the other hand, the Plaintiff received total of KRW 290 million as construction cost for the instant construction and additional construction works from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is “the additional construction cost of this case,” 1 to 11 additional construction cost in the order below the table below.

() Since the construction cost of KRW 355,079,523 as stated above was required, the Defendant is obligated to pay the Plaintiff a total of KRW 480,079,523 (i.e., KRW 125,00,000 of the instant construction cost) (i.e., additional construction cost of KRW 355,079,523), and the Defendant paid only KRW 29,000 among them. Accordingly, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 190,079,523 (i.e., KRW 480,079,523 - KRW 29,000,000) and delay damages. The Defendant is obligated to pay the Plaintiff the construction cost of KRW 480,079,523,000,000 for the instant construction cost of KRW 96,063,700,000 for the construction cost of the instant factory construction work of KRW 33337,3739,501,5044,50

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