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(영문) 대구지방법원서부지원 2015.08.20 2013가합1632
공사대금
Text

1. The Defendant’s KRW 37,81,086 as well as the Plaintiff’s KRW 5% per annum from May 11, 2013 to August 20, 2015.

Reasons

1. Facts of recognition;

A. On November 12, 2012, the Plaintiff entered into a contract with the Defendant for construction works (hereinafter “instant contract”) with the content that the Defendant was awarded a contract for civil engineering works, basic construction works, and construction works for electricity rooms (including value-added tax) among the “construction works for solar power plants” (B95.625km, Co., Ltd., Ltd.) subcontracted by the Co., Ltd. (hereinafter “Co., Ltd.) (hereinafter “Co., Ltd.”).

B. Dot Energy Co., Ltd. obtained a building permit on June 15, 2012 with respect to the installation of solar power plants, and completed the construction work on December 18, 2012, and subsequently changed the design again while performing the construction work. On January 11, 2013, the change was reported based on the final changed drawings, and the change was approved on January 28, 2013, and the completion permission was granted on April 3, 2013.

C. In the process of the above construction, the Plaintiff carried out the said additional construction, including stone embankments, plant retaining wall block works, and earth and sand (hereinafter “instant construction”). The expenses incurred in the said additional construction are KRW 29,527,190, including value-added tax ( KRW 10,939,900,000) ¡¿ 1.1, 6,389,806, KRW 5,808,915 x 1.1, food retaining wall construction x 1,894,090 won x KRW 1,721,90 x 37,811,086.

Although the instant construction was completed on April 2013, the Defendant did not pay the Plaintiff the said additional construction cost.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7, 11 (including, if any, various numbers; hereinafter the same shall apply), Eul evidence 5 to 8, the time of resident stay, middle Dong and Dong, the result of each fact inquiry (Supplement) by Sejong C, the result of the appraiser's defect appraisal by the appraiser C, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to perform the Defendant from May 11, 2013, on the record that it is evident that the Plaintiff is the day following the delivery of a copy of the complaint in this case, which is the total amount of KRW 37,81,086, and the said additional construction cost.

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