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(영문) 대구지방법원 2019.10.04 2018가단17393
공사대금
Text

1. The Defendant: KRW 13,857,576 to the Plaintiff, and KRW 6% per annum from August 23, 2018 to October 4, 2019.

Reasons

1. The facts of recognition

1) On July 5, 2017, the Plaintiff is running the tegrology construction business under the trade name of D, and on July 5, 2017, the term “the instant tegrology construction contract” (hereinafter referred to as “the instant tegrology construction contract”) with the Defendant setting the construction cost of KRW 331,00,000 (including value-added tax) and the construction period from July 17, 2017 to August 24, 2017.

(2) The instant construction was completed on September 5, 2017.

B. 1) Co., Ltd. F (hereinafter “Nonindicted Company”)

() On July 5, 2017, the construction contract (hereinafter “instant pipeline construction contract”) is determined between the Defendant and the construction cost of KRW 89,00,000 (including value-added tax) and the construction period from July 17, 2017 to August 24, 2017.

(c) The Defendant concluded a contract. The Defendant paid to the Plaintiff KRW 309,493,880, and KRW 89,00,000 to the non-party company respectively. [Grounds for recognition] The fact that there is no dispute, Gap’s 1, 2, and Eul’s 1, 3, 4, and 5 each statement (if there is a serial number, each number shall be included; hereinafter the same shall apply).

- The purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted the cause of the Plaintiff’s claim completed the instant interior construction contract, and the Defendant requested an additional construction work on September 2, 2017, thereby making an additional construction work equivalent to KRW 31,460,000 of the construction amount.

However, since the Defendant paid only KRW 309,493,880 out of the above total construction cost of KRW 364,460,000, the Defendant is obligated to pay the remainder construction cost of KRW 52,966,120 (= KRW 331,00,000 - KRW 31,460,000 - KRW 309,493,880) and damages for delay.

The plaintiff asserts in the preparatory brief dated 9 November 2018 as follows.

In other words, the defendant added the plaintiff's additional construction cost of KRW 31,460,00 as the plaintiff's additional construction cost of KRW 31,657,00 as the defendant unilaterally reduced from KRW 22,657,00 as well as KRW 20,00 as the compensation for delay of construction, and the total amount of KRW 112,782,00 as the compensation for pipeline construction cost of KRW 398,49,860 as the defendant claimed in the following B to the plaintiff:

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