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(영문) 창원지방법원 2019.05.30 2016가단15337
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 25, 2016, the Plaintiff was awarded a contract with the Defendant to construct a third-story building (hereinafter “instant building”) with the first-class neighborhood living facilities of the second-class and third-class dwelling facilities of the second-class dwelling facilities of the second-class dwelling facilities of the second-class dwelling facilities and the third-story dwelling facilities on the land of the Jinhae-si.

B. The Plaintiff and the Defendant set the construction cost as KRW 3.3 million per 3 million per 3rd floor house, and KRW 2.6 million per 2nd floor, respectively, in the said construction contract. The Plaintiff and the Defendant, upon entering into the said contract, paid the down payment of KRW 50 million per 7 days after completion.

C. The instant building constructed by the Plaintiff was completed on September 7, 2016.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Summary of the parties’ assertion

A. (1) Based on the actual construction area of the instant building constructed by the Plaintiff (32.96 square meters, 1, and 29.35 square meters, respectively), the construction cost calculated in accordance with the aforementioned contract is KRW 108,768,000 for the third floor (32.96 square meters x 3,300,000), and KRW 76,310,000 for each of the first and second floors (29.35 square meters x 2,60,000), total of KRW 261,38,00 (i.e., KRW 108,768,000, 7666, 000, 310, 766, 310, 310, 310,000).

In addition, the plaintiff made an additional construction exceeding the scope of construction stipulated in the original contract, and the total construction cost to be paid by the plaintiff is KRW 302,580,000 if the additional construction cost executed by the plaintiff is added to the above amount.

Although it is somewhat unclear whether each amount claimed by the Plaintiff includes value-added tax, the Plaintiff does not assert or prove whether each amount is an amount based on the premise that the value-added tax was to be separately paid.

Each amount below the value-added tax shall be stated uniformly on the basis of the amount including value-added tax, and the amount shall be calculated as KRW 220,000,000, which includes value-added tax, for 200,000,000 for the Plaintiff who has received the payment of construction cost.

(See Evidence No. 4). (2) The Defendant.

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