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(영문) 창원지방법원마산지원 2015.11.05 2014가단9994
공사대금
Text

1. The Plaintiff’s KRW 29,557,210 and the Plaintiff’s annual rate from March 5, 2015 to November 5, 2015, and the following.

Reasons

1. Facts of recognition;

A. On November 15, 2013, the Plaintiff and the Defendant entered into a contract with the Defendant for the construction of interior and the third floor extension (hereinafter “instant construction”) of the building on the ground D in Changwon-si, Changwon-si, whose husband C owned each of one-half shares (hereinafter “instant building”), on November 13, 2013; the contract date on February 20, 2014; the contract date on February 20, 2014; KRW 185,000,000 (payment in advance; KRW 60,000,000; KRW 60,000,000 on January 25, 2014; and KRW 7 days after completion).

B. The Plaintiff and the Defendant agreed to the construction cost of KRW 145,600,000, except for the interior interior interior interior interior interior interior interior of the second floor in the instant construction project. The Plaintiff and the Defendant agreed to the construction cost of KRW 1,950,000, with the exception of the construction cost of KRW 1,950,000.

C. On February 25, 2014, the Plaintiff completed the instant construction work.

Defendant and C applied for approval for the use of the instant building extended to three floors on the same day. On March 5, 2014, Defendant and C obtained approval from the head of Changwon-si, Changwon-si, and completed registration of the change on March 27, 2014.

On the other hand, the Defendant paid the Plaintiff KRW 10,00,000,000, totaling of KRW 60,000 on December 26, 2013, and KRW 50,000 on January 8, 2014.

[Grounds for Recognition] Unsatisfy, each entry of Gap1 through 5 (including virtual numbers), and the purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff and the Defendant agreed on the instant construction cost of KRW 145,60,00 and the additional construction cost of KRW 1,950,00,00, and the Defendant paid KRW 110,000 to the Plaintiff. As such, there was no dispute between the parties on the grounds that the Plaintiff’s removal of external columns, measuring instruments removal, and waste disposal cost of KRW 2,940,790 that have not been completed during the instant construction, and barring any special circumstance, the Defendant did not dispute between the parties. As to the Plaintiff’s remainder of the construction cost of KRW 34,609,210 (=145,60,000-110,000-2,940,790) and the Plaintiff’s remainder of the construction cost of KRW 145,609,950,000,00-2,940,790, which had been completed by the Plaintiff.

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