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(영문) 청주지방법원 2017.04.20 2015가단107106
공사대금
Text

1. The Defendant’s KRW 28,890,959 as well as 5% per annum from July 10, 2015 to April 20, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 19, 2013, the Plaintiff, among the construction works for the construction of a new factory of the Suwon Telecommunication Co., Ltd. (three complexes), determined the metal window construction (hereinafter “instant ELU”) as the construction cost of KRW 270,170,000 (including value-added tax) and received a contract from the Defendant.

B. In addition, on July 1, 2013, the Plaintiff was awarded a contract with the Defendant for the metal creative construction work (hereinafter “the instant wind text Korea construction work”) among the new construction works for the wind text Korea Co., Ltd., Ltd. (hereinafter “the instant wind text Korea construction”) as KRW 17.8 million (including value-added tax).

C. However, while the construction of the instant Lelim Telecommunications Corporation and the instant window Korea are being carried out, some of the details of the construction are added or changed. According to the result of the appraisal entrustment by the instant court, the additional or modified construction costs in relation to the instant Lelim Telecommunications Corporation are KRW 8,116,86 in total, and the additional or modified construction costs in relation to the instant window Telecommunications Korea Corporation are KRW 20,774,073 in total.

Meanwhile, between June 28, 2013 and December 19, 2013, the Defendant paid to the Plaintiff the construction cost of KRW 277,170,000 according to the instant Lelim Telecommunications Construction Contract on four occasions, and the construction cost of KRW 17,80,000 according to the instant Lelim Korea Construction Contract during four times between July 31, 2013 and November 20, 2013, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 4, Eul evidence 1, the result of the commission of appraisal to appraiser A by this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found in the preceding paragraph, the Defendant is obligated to pay to the Plaintiff the sum of the construction cost added or modified with respect to the instant Lelim Telecommunications and the instant window Korea construction work (28,890,959 won (20,774,073 won) and the delay damages, barring any special circumstances.

B. Furthermore, the Plaintiff’s construction of the instant Lelim Telecommunications Corporation and the instant windline Korea from the Defendant.

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