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(영문) 대전지방법원 2016.07.06 2014가합105763
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 33,206,879 to the Plaintiff (Counterclaim Defendant) and its related amount from October 25, 2014 to July 6, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the remodeling business of a building under the trade name “C”.

On June 2014, the Plaintiff concluded a construction contract (hereinafter “instant contract”) with the Defendant with respect to the interior works of the building in the attached Form (hereinafter “instant building”) (hereinafter “instant construction works”).

B. At the time of the instant contract, the Plaintiff and the Defendant set the construction cost of KRW 130 million (the first floor: KRW 70 million, KRW 2-3: KRW 20 million, KRW 40 million: 40 million). Before the Plaintiff started the instant construction work, the Plaintiff and the Defendant agreed to include electrical construction (including fire fighting and communications) in the scope of the construction, and the construction cost of KRW 150 million increased to KRW 250 million.

C. On June 2014, the Plaintiff started construction of the instant case around early 2014 and continues construction work until the mid- July 2014.

The suspension was interrupted.

The construction details executed by the Plaintiff are as shown in [Attachment 1] A.

The expenses required for the entry in the same paragraph shall be as stated in the same Table;

same as the entry in the subsection.

The sum of construction cost is KRW 221,876,802.

As between June 9, 2014 and July 21, 2014, the Defendant paid the Plaintiff KRW 95,500,000 as the construction cost.

[Ground for recognition] The facts without dispute, Gap evidence Nos. 24 and 25 (including the number of branch numbers; hereinafter the same shall apply), the appraisal results of appraiser D in the Daejeon District Court 2014Kagla1322, the Daejeon District Court 2014Kag1322 (hereinafter " appraiser D"). The plaintiff filed an application against the defendant for the preservation of evidence against the defendant on August 29, 2014, the day following the filing of the lawsuit in this case, and the appraisal was made in the above preservation procedure) and the purport of the whole pleadings.

2. Demand for principal lawsuit:

A. The Plaintiff’s assertion 1 that the construction cost based on the rate of the completion of the instant construction project until the Plaintiff discontinued the instant construction project shall be 100% of the total construction cost based on the ratio of the non-execution construction cost to the non-execution construction cost, and KRW 77,683,853, 100,000 for the first floor above ground until the period of suspension of the construction project.

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