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Reasons
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(영문) 전주지방법원정읍지원 2014.05.22 2013가단3185
공사대금 등
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1. The Defendant’s KRW 55,227,035 as well as the Plaintiff’s annual rate of 5% from May 30, 2013 to May 22, 2014.

Reasons

1. Summary of the parties' assertion

A. On April 20, 201, the Plaintiff’s assertion entered into a contract for facility construction works with the Defendant, which newly built a stable on April 20, 201, and accordingly completed the construction (hereinafter “instant construction”). Since the Plaintiff’s assertion was an additional construction, the Plaintiff is obligated to pay the Plaintiff KRW 90,00,000, which is a part of the construction cost, and damages for delay, after deducting the construction cost from KRW 342,00,000, and KRW 45,277,90,000 from the additional construction cost.

B. The Defendant alleged that the Plaintiff did not complete the instant construction, and subsequently suspended construction around August 2012, and then settled the construction cost of September 29, 2012 as KRW 270,320,000 and roof pening KRW 15,00,000. The Defendant agreed on the costs of the building before the assembly building at KRW 8,00,000.

In addition, the Defendant paid the Plaintiff KRW 225,060,00 as the construction cost of this case and KRW 8,000,000 as the expenses for relocating a prefabricated building, and paid KRW 25,500,000 as the expenses for repairing the defects of the instant construction, and KRW 5,30,000 as the expenses for repairing the defects of the roof remodeling.

Therefore, construction cost to be paid by the Defendant to the Plaintiff is KRW 29,460,00 ( KRW 15,000,000,000) - KRW 225,060,000 - KRW 8,000,000 - KRW 25,50,000,000 - KRW 25,50,000,000).

2. Determination

A. 1) In full view of the purport of the argument as to the construction cost in this case’s statement No. 1 and No. 1, the Plaintiff entered into the instant construction contract with the Defendant on April 20, 201, and the Plaintiff entered the construction cost of KRW 342,00,000 with the Defendant on September 29, 201, the Plaintiff entered the construction cost of KRW 270,320,000 with the settlement of accounts for new construction of stable in 2011 in the Defendant’s book on September 29, 2012 and entered the construction cost of KRW 270,320,00 with the Defendant’s book as KRW 15,00,00 with the roof cover (in addition to the non-design Nonparty 15,00,000,000); the instant construction

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