logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.04.22 2013가단17628
공사대금
Text

1. The Defendant’s KRW 15,394,00 for the Plaintiff and 5% per annum from July 3, 2013 to April 22, 2015, and the following.

Reasons

1. Basic facts

A. On September 19, 2009, the Plaintiff entered into a construction contract (hereinafter “the first contract”) with the Defendant to extend the above neighborhood living facilities to three stories above ground (hereinafter “the instant new building”) on December 13, 2009, with the amount of construction work increased to KRW 70,000,000, and the period of construction work extended to January 20, 201 (hereinafter “the changed contract”) from September 21, 2009 to December 24, 2009.

B. The Plaintiff completed construction of the new building in this case on June 2010, but the Defendant did not pay the Plaintiff the construction cost of KRW 30,000,000 on the ground that there were defects and liquidated damages.

[Ground for recognition] Facts without dispute

2. Determination as to the cause of action

A. The Plaintiff’s assertion asserts that, in addition to the construction work stipulated in the modified contract, the additional construction work for each of the items in the judgment below has incurred KRW 37,199,690 as additional construction cost. As such, the Defendant is liable to pay the above additional construction cost of KRW 37,199,690 as well as the unpaid construction cost of KRW 30,000 as well as the unpaid construction cost of KRW 67,19,69,690 as well as damages for delay.

B. The judgment of the court below is that the defendant does not pay KRW 30,000,000 out of the construction cost stipulated in the modified contract. Thus, the plaintiff's additional construction claim is determined only as follows.

The plaintiff asserts that the amount of determination of item ① material cost of KRW 7,722,00, such as stairs, should be recognized as KRW 3,332,00,00 based on the calculation of KRW 34,00,00 per square meter, since the plaintiff used the 34,00 foot stairs different from the written estimate under the agreement of the defendant, unlike the written estimate, and thus, it should be recognized as KRW 1,372,00 per square meter, and the defendant must be recognized as only KRW 1,372,00 per square meter as stated in the written estimate.

The cost of materials other than the cost of daily materials for stairs disputed by the defendant.

arrow