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(영문) 서울중앙지방법원 2019.02.14 2017가단5085760
공사대금
Text

1. The Defendant’s KRW 79,418,552 as well as the Plaintiff’s annual rate of KRW 6% from January 24, 2017 to February 14, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of interior fishing, etc., and the Defendant is a corporation with the purpose of housing construction business, interior construction business, etc.

B. Around 2015, the Defendant was awarded a contract with C (hereinafter “C”) for the construction of the 1st underground and the 5th floor E buildings on the ground surface in Mapo-gu Seoul, Mapo-gu, Seoul (hereinafter “instant building”).

C. On May 10, 2016, the Plaintiff, as the Defendant’s introduction, was awarded a contract for the construction period of the second and third floor of the instant building (hereinafter “the instant household and interior equipment construction”) with “from May 30, 2016 to August 15, 2016” and “1,002,650 won (including value-added tax 91,150,000)”.

Before approval for the use of the building of this case was granted, the Plaintiff performed other additional works, such as Estylates construction included in the construction of the building of this case, the 2/3 toilet construction and the 3th floor fire shuttle construction, etc., the first floor toilet construction and the second floor warehouse removal construction (hereinafter “Plaintiff’s new construction construction work”).

E. The approval for use of the instant building was completed on November 4, 2016.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 2, 3, 5, 8, 9, and 14, each of the images of Gap evidence Nos. 10 and 15, witness F, G's testimony, the whole purport of the pleadings (including a separate number in the case of evidence with a provisional number; hereinafter the same shall apply)

2. The parties' assertion

A. The Plaintiff asserted that the construction contract between the Defendant and the instant household and the interior works would be subject to the cost of construction. The Plaintiff’s assertion that the construction works were not included in the instant household and interior works, including the Escopter construction in the instant building, the 2/3 toilet construction in the instant building, and other additional construction works, including the 3th floor fire air conditioners construction, the first floor toilet construction, and the second floor warehouse removal construction, and thus, the Defendant was the Plaintiff’s construction cost.

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