(영문) 서울중앙지방법원 2014.12.29 2013가단5195607

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(영문) 서울중앙지방법원 2014.12.29 2013가단5195607

공사대금

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1. The Defendant’s KRW 15,845,00 for the Plaintiff and 5% per annum from December 14, 2013 to December 29, 2014.

Reasons

1. Basic facts

A. On October 15, 2013, the Plaintiff entered into a contract with the Defendant to receive a contract for the construction cost of KRW 57,300,000,00 for the Gangnam-gu Seoul Metropolitan Government B apartment 101 and 1205 (hereinafter “instant construction contract”) owned by the Defendant (hereinafter “instant construction contract”). The Plaintiff entered into a contract with the Defendant that the construction cost may change following the addition and change of the construction cost (hereinafter “instant construction contract”).

B. After the addition of the interior work, the construction amount was increased to KRW 85.9 million, and the Defendant paid the Plaintiff KRW 70 million as the construction amount of the instant case.

C. Meanwhile, the Plaintiff completed the final process of the instant construction around December 12, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 8, Gap evidence 10 through 11 (including attachment of provisional number), Eul evidence 1 through 5, the purport of the whole pleadings

2. The parties' assertion;

A. The plaintiff's assertion that the plaintiff's construction cost is KRW 15.9 million (=85.9 million - KRW 70 million) and value-added tax is KRW 8.5 million in total, KRW 24.4 million in total, and delay damages thereon shall be paid to the plaintiff.

B. The Defendant did not have increased the construction cost, and the value-added tax has already been included in the construction cost, and the Defendant is not obligated to pay the value-added tax separately.

In addition, even though the part of the non-construction and defects such as the non-construction part and the 2.999, the plaintiff refused the construction and repair of defects, it shall be offset against the plaintiff's damage claim equivalent to the construction cost and defect repair cost.

3. Determination

A. As seen earlier, the instant construction cost increased to KRW 85.9 million, and the Plaintiff completed the instant construction work. As such, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 15.9 million and damages for delay thereof.

[Attachment 1] The Defendant’s non-execution part and attached Form

2. The same description as the defective part; and

유사 판례

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