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(영문) 청주지방법원충주지원 2015.04.29 2014가단812
공사대금
Text

1. The Defendant’s KRW 11,247,568 as well as 5% per annum from February 13, 2014 to April 29, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 2013, the Plaintiff entered into a contract with the Defendant for the new construction of the Defendant’s detached housing incheon-si C (hereinafter “instant construction contract”) and completed most of the construction works.

(B) Some of the non-construction and defects as examined in paragraph 3 below are found.

From June 25, 2013 to November 5, 2013, the Defendant paid KRW 72,900,000 to the Plaintiff as construction price.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. As to the cause of the claim

A. According to the previous facts of recognition as above, if the Plaintiff completed the instant construction works, barring any special circumstance, the previous balance of the construction cost to be paid by the Defendant to the Plaintiff is KRW 28,900,000 (=total construction cost of KRW 101,800,000 - previous construction cost of KRW 72,90,000).

B. (1) The plaintiff's summary of the plaintiff's assertion is the defendant's obligation to pay a total of KRW 14,372,105, since the plaintiff's additional construction works are ordered to do so.

(2) In addition to the purport of the argument as to the appraiser Gap evidence Nos. 4 and 5, part of Gap evidence Nos. 6, 127,974, appraisal result of appraiser D's additional construction work, and each fact-finding result of the appraiser's fact-finding with respect to the above appraiser, the plaintiff can recognize the fact that the plaintiff performed construction work based on the additional construction agreement equivalent to KRW 4,338,072, total amount, KRW 6,127,974, and KRW 15,794, and KRW 15,794, and KRW 1,001,727, and KRW 321,365, and KRW 327, and KRW 321,365, and KRW 4,338,072, and KRW 6,127,974, due to the increase of building height, only some of the testimony of witness E is insufficient to reverse the above recognition.

Therefore, the defendant should pay the plaintiff additional construction cost of KRW 6,127,974.

(3) Part not recognized as an additional construction (1) 6,286.

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