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(영문) 수원지방법원 2017.08.09 2016가단18438
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 71,49,120 and the interest rate of KRW 15% per annum from September 29, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. After receiving a contract for “B” from Thai Co., Ltd., the Defendant contracted to the Plaintiff during the construction period to the contract amount of KRW 72,080,80 (including value-added tax) and the construction period from October 16, 2015 to February 15, 2016.

(hereinafter referred to as the instant contract) around December 11, 2015, the Plaintiff and the Defendant increased the contract amount of the instant construction to KRW 106,293,00 (including value-added tax).

B. Around December 2015, the Plaintiff completed the instant construction work.

C. Around January 2015, at the Defendant’s request, the Plaintiff performed additional work and incurred KRW 5.2 million.

On November 10, 2015, the Defendant paid the Plaintiff KRW 42,500,000, totaling KRW 13,448,000 on November 30, 2015, KRW 6,552,80 on December 15, 2015, and KRW 42,500,000 on February 5, 2016, and KRW 5 million on February 5, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 68,984,120,00, excluding the amount of KRW 111,493,00 for the contract price of this case and KRW 5.2 million for the additional work cost of KRW 11,493,00 for the contract price of this case and KRW 5.2 million for the additional work cost of KRW 42,500 for the construction cost of this case.

Furthermore, comprehensively taking account of the respective descriptions and images of evidence Nos. 5, 6, and 7 (including numbers in case of each number), and the purport of the entire pleadings in the testimony of the witness C, the Plaintiff is obliged to install steel structure manufactured and supplied by the Defendant in accordance with the instant contract. However, it is recognized that due to the error in the design and manufacturing process of steel structure from October 2015 to December 2015, the costs of KRW 1,5380,000 were additionally incurred due to the Plaintiff’s production and modification process, and the description of evidence Nos. 2 is insufficient to reverse the Plaintiff. Thus, the Defendant is obliged to pay KRW 1,538,000,000 to the Plaintiff for the revised work cost.

On the other hand, the plaintiff.

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