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(영문) 부산지방법원 2016.11.30 2015가단233223
공사대금
Text

1. The Defendant’s KRW 77,201,520 as well as 5% per annum from June 21, 2015 to November 30, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who runs a construction business under the trade name of “C”, and the Defendant was a new owner who newly constructed a telecom on the land outside Korea-gun D and four lots.

B. On January 27, 2015, the Plaintiff entered into a contract with the Defendant on a total area of KRW 754 square meters, KRW 120,000 per square meter, total construction cost of KRW 90,480,00 (excluding value-added tax) and within 20 days after completion of the construction period, with respect to the reinforced soil retaining walls within the said model site (hereinafter “instant construction”).

C. As the construction is expected to proceed with the entry prior to the commencement of the instant construction and the total area of the retaining wall is expected to increase, the Plaintiff agreed with the Defendant to increase the unit price per square meter of the instant construction from KRW 120,000 to KRW 123,000.

The Plaintiff completed the instant construction project at the end of May 2015, and the total area of the instant construction project at the time is 982 square meters.

E. The Defendant paid the Plaintiff a down payment of KRW 15,00,000,000, and paid KRW 55,000,000 on July 21, 2015 after the completion of the instant construction work, and KRW 10,00,000 on August 20, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, appraiser E's appraisal result, the purport of whole pleadings

2. Determination

A. Comprehensively taking account of the above facts acknowledged as to the cause of the claim, the Defendant is obligated to pay the construction cost of this case 132,932,250 won (=120,847,500 won + 123,000 won + 12,084,750 won [12,00 won] and the remainder of 77,932,250 won (=132,932,250 won - 55,000 won) which remains after deducting 55,000 won paid by the Plaintiff, barring any special circumstances, to the Plaintiff and delay damages therefrom.

(The Plaintiff asserted that the total area of the instant construction project is 1,00 square meters, but the fact that the total area of the instant construction project is 982.5 square meters is the same as seen earlier).

The judgment on the defendant's assertion 1 shall be from 120,000 won to 123,000 won on the condition that no defects have occurred.

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