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(영문) 광주지방법원 2017.11.22 2017가단1498
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) is a gold of KRW 24,642,670 against the Defendant (Counterclaim Plaintiff) and its related thereto from October 18, 2017 to November 11, 2017.

Reasons

1. Basic facts

A. On March 7, 2016, the Plaintiff entered into a subcontract with the Defendant for construction of the foundation, steel frame, and board construction work of KRW 154,00,000 (including value-added tax) among the new construction works of the Neongsung-gun’s ground neighborhood living facilities in Jeonsung-gun, the Plaintiff decided to exclude the panel construction work, and changed the construction cost into KRW 132,00,000 (including value-added tax).

(hereinafter referred to as “the original construction of this case”). (b)

Upon receipt of a request from the Defendant for additional construction works on the above ground, the Plaintiff made an oral agreement with the Defendant to receive construction cost at an actual cost and execute the construction work.

(hereinafter referred to as the “instant additional construction”). C.

From March 12, 2016 to May 19, 2016, the Plaintiff completed the instant construction and additional construction. On June 9, 2016, the Defendant completed the registration of ownership preservation on the building under the name of the Defendant.

The Plaintiff received KRW 55 million from the Defendant as the construction cost of the instant case, and the Plaintiff and the Defendant agreed to pay KRW 79,464,000 as the construction cost of the Plaintiff Company D on March 31, 2016.

[Reasons for Recognition] Facts without a partial dispute, entries in Gap evidence 1 to 15 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion and judgment 1) The defendant asserted that the plaintiff should pay to the plaintiff 122,286,226 won payable out of the original and additional construction costs of this case (i.e., the changed original construction cost of KRW 132,00,000 - the additional construction cost of KRW 55,000,000 - the direct payment payment of KRW 79,464,000 - the additional construction cost of KRW 124,750,246) and damages for delay. (ii) The plaintiff performed additional construction work such as supplementary facilities and warehouse construction at the defendant's request, taking into account the overall purport of the arguments as a result of the appraiser E's appraisal, and the additional construction cost of KRW 123,546,00 (including the additional construction cost of ready-mixed) is included in the fixed construction cost of the instant additional construction cost of KRW 123,546,00 (including the fixed construction cost).

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