logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.04.11 2015가단32547
공사대금
Text

1. The Defendant calculated the Plaintiff at the rate of KRW 33,83,149 and the annual rate of KRW 15% from August 21, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 6, 2014, the Defendant concluded the instant construction contract with the content that the construction work to be extended and remodeled (the steel frame and panel work; hereinafter “instant construction work”) on the rooftop of the C hotel located in would be KRW 58 million (payment within 10 days after the completion of the construction work) and the construction period will be subcontracted to the Plaintiff by the end of the 26th day of the same month.

B. The Plaintiff completed the instant construction, but the goods storage unit among the panel corporations failed to perform the construction, and the cost incurred in performing the construction is KRW 1,743,252.

C. The cost of restoring the damage caused by water leakage from the construction completed by the Plaintiff is KRW 898,624, and the cost of altering and executing the construction by changing the color of the panel originally intended to be executed is KRW 2,660,287.

Meanwhile, the Plaintiff received KRW 10 million as the construction price from the Defendant on November 7, 2014 and KRW 25 million on June 16, 2014.

E. In addition to the instant construction project, toilets, brush and flusium, second floor stairs structural frame, second floor panel work, boiler room partitions was additionally constructed (hereinafter “the instant additional construction”) in the said hotel building (hereinafter “the instant additional construction”), and construction cost is required in KRW 7,135,312.

【Fact-finding without any dispute, Gap's evidence Nos. 1 through 6 (including a paper number; hereinafter the same shall apply), Eul's evidence Nos. 1 through 4, the appraisal result of appraiser D, the fact-finding result of this court's fact-finding about the above appraiser, the purport of the whole pleadings

2. The gist of the parties’ assertion is that the Plaintiff calculated by subtracting the construction cost of KRW 26 million from the construction cost of KRW 58 million and the cost of KRW 5,302,163 from the cost of non-construction and repair of defects, as the Plaintiff completed the construction work in accordance with the instant construction contract. The Plaintiff seeks payment of KRW 33,83,149, plus KRW 7,135,312, such as toilet partitions, and delay damages therefrom.

The defendant not only did the plaintiff complete the main construction of this case, but also did the plaintiff enjoy.

arrow