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Reasons
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(영문) 울산지방법원 2019.07.04 2018나24592
공사대금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 11, 2016, the Defendant contracted the instant construction works among the new construction works of the Diplomatic Association in Ulsan-gu Seoul (hereinafter “instant construction works”) to the Plaintiff with the following content:

(hereinafter “the instant construction contract”). Diplomatic Association construction contract

1. The name of the construction works: The tin works from among new construction works of the Diplomatic Association;

2. The construction site: Ulsan-gu C

3. Date of commencement: The date scheduled for completion of construction on October 4, 2016: November 5, 2016, the amount of construction shall be KRW 26,50,000,000 (Won 26,50,000).

6. Advance payments: Daily gold 1,000,000 won (Won 14,00,000).

1. Additional tax: 4/100 per annum and 12/100 per annum and 13/100 per annum; 4/100 per annum; 13/100 per annum and per annum; 4/100 per annum; 100 per annum and per annum;

B. The Plaintiff and the Defendant agreed to increase the instant construction cost to KRW 30,000,00 (excluding value-added tax), including the additional construction cost of KRW 3,500,000, while continuing the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 9, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion asserts that the Plaintiff should pay the remainder of the construction cost of KRW 17,600,000 to the Plaintiff, as the Plaintiff received only KRW 15,400,000 among the construction cost of KRW 33,00,000.

B. In light of the above facts, the Defendant is obligated to pay the remainder of KRW 17,600,000 for the construction cost of the instant construction project, excluding KRW 15,400,000,000 for the construction cost of KRW 26,500,000 for the construction cost of the instant construction project under the instant construction contract, barring any special circumstances to the Plaintiff (i.e., KRW 33,000 for the construction cost of KRW 15,40,000 for the value added KRW 3,50,000 for the construction cost of the instant construction project) and damages for delay.

3. The defendant's defense and.

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