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(영문) 광주지방법원 2016.12.20 2015가단526467
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 31, 2013, the Defendant concluded a construction contract (hereinafter referred to as the “instant construction contract”) with the Plaintiff for the construction of the solar energy system from Hyundai Lao Co., Ltd. for the construction of a A factory. On October 15, 2013, the Plaintiff entered into a construction contract with the Plaintiff for the construction of the electric room among the construction of the said solar energy system (hereinafter “instant construction contract”). From October 15, 2013 to December 15, 2013, with regard to the construction of the said solar system (hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

Details of the construction contract

1. All the works except the steel frame and the studs panel of the electric room (fluor, engines, and body frame) shall include the solid frame straws;

2. 의장동 ~ 엔진동 케이블렉 �도면 및 공사 일체

3. 엔진동 ~ 변전실 케이블렉 �도면 및 공사 일체

4. 프레스동 ~ 의장동 케이블렉 위의 추가 트레이 지지금구 �도면 및 공사 일체 [인정근거] 갑 제1, 4호증, 을 제4호증의 각 기재 및 변론 전체의 취지

2. The assertion and judgment

A. The Plaintiff’s assertion 1) At the Defendant’s request during the Plaintiff’s construction process, following the increase in the actual construction area, the Plaintiff’s additional construction cost of KRW 25,562,80 (i.e., KRW 17,842,80 relating to concrete package construction cost) was incurred as a result of its implementation after the construction of the astronomical construction (i.e., KRW 7,720,00 relating to concrete package construction cost). (ii) On December 20, 2013, the Plaintiff completed the instant construction and the additional construction cost of KRW 25,562,80.

3) The Plaintiff’s construction cost to be paid by the Defendant is KRW 405,062,80 in total [=379,50,000 won [=345,00,000 value-added tax of KRW 34,50,000] 25,562,80 (additional construction cost). The Plaintiff’s total construction cost to be paid by the Defendant is KRW 328,816,00 (=322,546,000) that is deemed to have been paid or to have been paid by the Defendant and the amount to be deducted from the total construction cost of KRW 328,816,00 that is deemed to have been paid or to have been paid by the Defendant (=6,246,800 won). The Defendant deducted the Plaintiff from KRW 76,800 (=405,062,800,328,81

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