(영문) 광주지방법원순천지원 2019.02.27 2017가단5635

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줄 간격

자간(%)

(영문) 광주지방법원순천지원 2019.02.27 2017가단5635

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,600,000 to the Plaintiff (Counterclaim Defendant) and the amount from December 13, 2018 to February 27, 2019.

Reasons

1. Basic facts

A. On November 8, 2016, the Plaintiff received a contract from the Defendant during the period from November 2016 to December 10, 2016 by setting the construction cost of KRW 43,00,000 (excluding value-added tax) and the construction period of KRW 43,00,000 (excluding value-added tax).

B. While the Plaintiff was performing the instant construction, it did not include the contents of the said contract at the Defendant’s request (the construction of a sculpture and the installation of a toilet inside a toilet after the partial removal of the wall) and two stairs windows. The costs necessary for the said toilet construction are KRW 5,800,000, and the cost necessary for the stairs hold construction is KRW 500,000.

C. On February 2017, the Plaintiff completed the instant construction work.

The Plaintiff received a total of KRW 45,000,000 from the Defendant for several times as the construction cost of the instant construction project.

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

2. Determination on the main claim

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 47,300,000 (including value-added tax, 43,000,000 + 43,000 + 300,000) and the additional construction cost of KRW 53,60,000 (including value-added tax, 5,800,000 + 5,000 + 5,000,000 + 5,000,000) minus the construction cost of KRW 45,00,000,000, and delay damages therefor.

B. The Plaintiff asserts that, in addition to the above-mentioned toilet construction and additional construction costs due to the installation of stairs, the installation of a crowdfunding panel after the removal of part of outer walls at the Defendant’s request, the installation of a crowdfunding panel, the installation of a stringer at the entrance of the entrance gate, and polysene roof work at the entrance gate, and the installation of a stringer roof work at the entrance of the entrance gate, and the installation of additional construction costs.

In light of the results of appraisal by the appraiser, the plaintiff is alleged as above.

유사 판례

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-전주지방법원군산지원 2016.12.13 2015가단53587

-서울북부지방법원 2017.06.13 2015가단147323