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(영문) 제주지방법원 2019.10.15 2018가단67246
공사대금
Text

1. The defendant shall pay 78,379,300 won to the plaintiff and 12% per annum from January 9, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 1, 2017, the Defendant contracted for the construction of a new house on the D ground from Jeju-si, and entered into a construction subcontract with the Plaintiff on November 1, 2017, stipulating that the metal construction work among the said new construction work is KRW 60,00,000 (excluding value-added tax) and that the construction period is from November 1, 2017 to December 30, 2017.

B. During the process of metal construction in accordance with the above construction subcontract, the Plaintiff agreed to perform additional construction works, such as fence railing and the 1st floor pipe construction, according to the Defendant’s instructions. The Defendant agreed to increase the construction cost from KRW 66,000,00 to KRW 82,572,600, reflecting the additional construction works. After that agreement, even though the construction works including additional construction were completed on July 2018, only the Defendant received only KRW 12,209,000 out of the construction price, and did not receive the remainder of KRW 70,363,60.

C. On the other hand, at the request of the Defendant on February 2018, the Plaintiff constructed the wood Capital and the entrance and exit door of the housing E located in Jeju-si at KRW 8,015,700.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1, 2, Gap evidence 5-1, 2, Gap evidence 6-1, 2, Gap evidence 7-1 through 4, Gap evidence 8-1, 8-2, and the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sum of KRW 78,379,300 in total ( KRW 70,363,600 in total) and damages for delay calculated at the rate of 12% per annum within the scope of interest rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 9, 2019 to the date of full payment, which is the day following the day when a copy of the complaint was served to the Defendant.

B. The defendant's assertion is alleged to have suffered damage from rainwater flowing into the building due to serious defects in the rooftop door part among metal works executed by the plaintiff among those constructed by the plaintiff.

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