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(영문) 부산지방법원 2018.07.24 2018가단1823
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 154,00,000 and the interest rate of KRW 15% per annum from January 11, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 22, 2016, the Plaintiff concluded a contract for construction of reinforced concrete (hereinafter referred to as “instant construction”) among the new construction works for B hotel B (hereinafter referred to as “instant building”) in the Defendant and Kimhae-si (hereinafter referred to as “instant building”); the construction cost is KRW 1.1 billion (including value-added tax); the construction period is fixed from September 22, 2016 to January 30, 2017; and the construction cost is determined as KRW 11,00,000 (including value-added tax) and entered into an additional construction contract.

B. The Plaintiff completed the construction within the construction period, and the Defendant paid the Plaintiff totaling KRW 957 million as the construction price from September 12, 2016 to March 9, 2017.

C. The Defendant obtained approval for use of a building on August 8, 2017, and completed registration for ownership in C in the same day for the first and second floors parking lots, and completed registration for ownership preservation on September 12, 2017 for the third and fourth floors.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 154,000,000 (i.e., the construction cost of KRW 11,100,000 for additional construction cost of KRW 11,100,000 for the construction cost of KRW 957,000 for the total construction

B. The defendant's argument regarding the defendant's assertion is that the sixth floor height is lower in the case of some of the construction works executed by the plaintiff, the balcony A/S was deleted, and the total construction cost was reduced due to the decrease in material costs and personnel expenses compared to those stipulated in the contract, such as construction works with a low rooftop rail height. However, it is insufficient to accept the defendant's assertion that there is no other evidence to acknowledge it, and there is no other evidence to acknowledge it. The defendant's assertion is not acceptable.

C. Accordingly, the Defendant’s remainder of the construction price is 154.

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