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(영문) 인천지방법원부천지원 2019.07.23 2018가단107208
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 19,450,620,00 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On July 12, 2017, the Plaintiff entered into a contract with the Defendant under which the Plaintiff would enter into the said contract with the terms that the construction period will be set at four months from the commencement date of the construction, and that the total construction amount will be KRW 649,00,000 (including value-added tax) (hereinafter “instant contract”).

Article 8 of the Agreement on the Contract of this case provides that “The defendant is obligated to faithfully perform the obligation of the plaintiff to pay the price and not to interfere with the construction work. If the plaintiff delays or delays the construction in spite of the performance of the defendant’s promise, the contract on the contract of this case is written “1,000/3” on the part of the plaintiff and the defendant, but this is a clerical error of “3/1,000,000”, which is written in writing on the part of “3/1,000. The defendant shall be liable to pay a penalty on a monthly basis.”

B. Based on the instant contract, the Plaintiff performed the instant construction work from September 4, 2017 to January 10, 2018.

[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, and 10 evidence and the purport of the whole pleadings

2. Determination on the main claim

A. 1) The Plaintiff’s construction process of the instant construction works: (a) the Defendant’s request to increase the basic thickness and the dynamic line quantity; (b) two works in the room room; (c) the height change of the fourth floor; and (d) the walls and stairs of the railing of the rooftop floor and the stairs room; and (e) additional construction related to the structural thickness and material alteration of the structural thickness in the building (hereinafter “instant additional construction”).

(2) The fact that the construction price for the instant Additional Works is KRW 4,708,00 (value-added tax separate) may be recognized either without dispute between the parties or by adding to the whole purport of the pleadings as a result of the appraiser D’s appraisal.

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