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(영문) 춘천지방법원강릉지원 2020.01.14 2018가단33240
공사대금
Text

1. The Defendant’s KRW 62,77,764 as well as the Plaintiff’s KRW 5% per annum from July 10, 2018 to January 14, 2020, and January 15, 2020.

Reasons

1. On May 10, 2017, the Defendant awarded a contract to the Plaintiff for construction of the instant private housing unit C (hereinafter “instant housing”) at the same time on May 10, 2017; thereafter, the Plaintiff and the Defendant entered into an additional construction agreement with the Defendant to reduce the construction cost of KRW 1,100,000 in lieu of the Plaintiff’s installation of exhausters and fences; the Plaintiff agreed with the Defendant to reduce the construction cost of KRW 24,00,000 in lieu of the Plaintiff’s installation of exhausters; the Plaintiff completed construction on April 5, 2018, and completed the registration of initial ownership on June 5, 2018 after the Defendant obtained approval for the use of the instant housing; the Defendant paid KRW 195,100,000 among the construction cost to the Plaintiff; or the Defendant paid KRW 19,510,000 among the construction cost to the Plaintiff does not conflict between the parties to the dispute; and the purport of the entire pleadings as a whole.

The plaintiff asserts that the additional construction cost is not KRW 24 million, but KRW 25.75 million. However, each statement in the evidence Nos. 4 and 5 alone is insufficient to acknowledge this part of the allegation, and there is no other evidence to acknowledge this, the plaintiff's assertion in this part is without merit.

According to the above facts, the defendant is obligated to pay to the plaintiff the construction cost of KRW 94.8 million (i.e., KRW 267 billion - KRW 1.1 million - KRW 1.1 million - KRW 195.1 million), and to pay damages for delay calculated from the day following the date of payment on which the copy of the complaint of this case sought by the plaintiff was served, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion and the Defendant agreed to deduct the construction cost of KRW 8,325,260, and construction cost equivalent to KRW 700,000,000 from the construction cost due to the construction of the second floor bend floor berara, such as others provided by the Defendant

In addition, construction cost corresponding to the portion of the Plaintiff’s non-construction cost of KRW 7,157,901, and KRW 21,370,931 necessary to repair defects arising from the instant housing.

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