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(영문) 대구지방법원 2018.02.22 2016가단115422
공사대금
Text

1. The Defendant’s KRW 71,548,837 as well as the Plaintiff’s KRW 6% per annum from April 12, 2017 to February 22, 2018, and the following.

Reasons

1. Basic facts

A. On May 10, 2013, the Defendant was awarded a subcontract by Nonparty New Port Lact Co., Ltd. (hereinafter “New Port Lact”), with the construction period from May 13, 2013 to November 30, 2013, with the construction price of the earth and sand construction and household facilities construction among the D D D Corporation in Seocho-gu Seoul Special Metropolitan City (hereinafter “new Port Lact”), as KRW 1,210,000 (including additional tax).

B. On May 16, 2013, the Defendant: (a) determined the construction period from May 20, 2013 to November 30, 2013; and (b) subcontracted to the Plaintiff the cost of construction KRW 635,000,000 (excluding value-added tax).

However, according to the plaintiff's pointed out that there is a part in which the design of the household facility E is inconsistent with the field, the head of the defendant's site office consulted with the plaintiff and instructed the plaintiff to execute the construction in accordance with the changed drawing with the approval of the non-party A general construction company of the

C. On July 16, 2013, the Defendant suspended the construction of soil on the grounds of the failure to pay for the construction cost of New Port Lact, and the Plaintiff also suspended the construction of household facilities around that time.

The term construction work executed by the Plaintiff until the discontinuance of the construction work for home facilities falls under 19.4% of the total home facilities construction work, and the construction cost is KRW 123,390,000.

This amount includes 14,678,452 won in value of H-PE, which is inserted under the ground as a soil wall construction.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 8, and 9, each of the appraisal commission made by appraiser F, the purport of the whole pleadings

2. According to the above facts of determination as to the plaintiff's cause of claim, the defendant is obligated to pay the plaintiff construction cost of KRW 123,390,000.

3. Judgment on the defendant's assertion

A. The Defendant, in June 2013, discontinued construction works for the Defendant, and filed the instant lawsuit on June 29, 2016 after the lapse of three years from that time, and accordingly, asserted that the Plaintiff’s claim for construction cost had expired.

The plaintiff in 2013.

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