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(영문) 서울중앙지방법원 2020.08.18 2018가단5235807
공사대금
Text

1. The Defendant’s KRW 102,434,153 as well as 5% per annum from May 24, 2016 to August 18, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. In around 2015, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the construction of a new building in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, which is owned by the Defendant (hereinafter “instant contract”) (hereinafter “instant construction”) and the said contract include the following:

The construction area: The actual horizontal number shall be calculated after the completion of the construction.

Construction period: Construction cost on December 31, 2015 from May to December 31, 2015: The amount shall be KRW 3.9 million per square day and shall be calculated by the actual number after completion (Article 2), the amount of KRW 150 million before completion shall be paid to the Plaintiff, and the balance shall be paid as the occupancy price at the time of occupancy.

(Article 3) All the costs for the Corporation (labor costs, material costs) shall be paid by the Plaintiff to the extent of the construction cost.

(6) When a change or addition is made at the request of the plaintiff during or after the work is completed, the defendant may comply with it, and the plaintiff shall pay additional expenses for the change or adjustment to the defendant.

(Article 8(1). All the extension works after completion are led by the defendant (Article 9 of the A), and any balance remaining after completion shall be calculated as actual average and shall be calculated as 3.9 million won per average average settlement price (Article 10), design costs, electricity, water, gas, elevators, and value added taxes shall be liable by the defendant.

§ 11(b).

Pursuant to the instant construction, the instant building was built of a reinforced concrete structure (refinite), concrete branch roof, detached housing, and Class II neighborhood living facilities building (hereinafter “instant building”) on March 25, 2016 and registration of ownership preservation on March 29, 2016. The use of the building on the building ledger is a parking lot and office ( Class II neighborhood living facilities; hereinafter the same shall apply), 63.52 square meters of the first floor, 73.42 square meters of the fifth floor, 66.64 square meters of the 66.67 square meters of the 2nd and fourth floor, and the 19.38 square meters of the 1st floor on the 1st floor (excluding the total floor area) are a stairs room.

C. The Plaintiff completed the part of the 1, 5, and 6th floor office building of this case as design drawings, and the Defendant did so.

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