(영문) 청주지방법원 2015.01.15 2013가합5210

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(영문) 청주지방법원 2015.01.15 2013가합5210

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff completed the construction work (hereinafter “instant construction work”) with respect to the new construction work of the Child Care Center C located in the Cheongju-si, U.S. (hereinafter “instant building”) as KRW 429,00,000 (including value-added tax), and completed additional construction work equivalent to KRW 61,690,000 (excluding value-added tax) for the construction work.

Since the Defendant paid the Plaintiff KRW 380,000,000 among the above construction cost, the Defendant is obligated to pay the Plaintiff KRW 116,859,00 (=67,859,000) - KRW 380,000 - delay damages.

B. On October 24, 2012, the Plaintiff determined the construction cost as KRW 429,00,000 with respect to the instant construction project with the Defendant (including value-added tax) and concluded a construction contract with the content that the Defendant, the owner of the instant construction, would have the amount of KRW 410,000,000 among them. 2) The Plaintiff completed the construction of the instant building and obtained approval for use on April 25, 2013.

3) After the dispute between the Plaintiff and the Defendant relating to the construction cost of the instant new building, the Plaintiff prepared a written confirmation (Evidence No. 3) with the Defendant on May 20, 2013. The Plaintiff constructed the instant building under a contract with the Defendant and obtained approval for its use. Nevertheless, the Defendant, the contractor, will re-establish the construction amount under mutual agreement with the Plaintiff on the grounds of the parts different from the design cost (total structural aggregate, construction materials, windows, boiler reinforcements, and economic damage due to the delay in construction, etc.) which are different from the design cost, and will be notarized in order to respond to the legal issues that may be harsh thereafter.

A. L. L. L.I.

1.The amount of the construction work shall be reduced by taking into account the intended parts of the above-mentioned construction work and shall be 410,000,000 won per the original contract (including surtax).

2. All the subcontractor.

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