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(영문) 부산지방법원 2020.07.22 2019나4868
공사대금등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is a company that runs electrical construction business.

B. The Plaintiff entered into a construction contract with the Defendant, Changwon-si, Changwon-si, with the content that the construction cost shall be KRW 9,500,000 for the construction work among the new construction works of the C neighborhood living facilities (hereinafter “instant construction contract”), and completed the said construction work around November 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 6 through 8, and 10 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion, other than the construction work under the instant construction contract, also upon the Defendant’s request, was paid KRW 6,00,000 as the construction cost by the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 9,050,000 ( KRW 3,450,000,000) and the delay damages of KRW 2,100,000 ( KRW 6,000,000).

B. The Defendant’s assertion 1) paid KRW 6,700,000 as the construction cost. 2) Since the Plaintiff installed and removed communications facilities differently from the drawings, it cannot be deemed an additional construction work for communications boxes. The remainder of the part claimed by the Plaintiff as an additional construction work is included in the contents of the instant construction contract. Therefore, there is no obligation to pay additional construction cost.

3. Since the Plaintiff did not construct or constructed, but there are many parts of defects, such as installation outside the telecommunications distribution team, installation of CCTV distribution line, installation of CCTV distribution line, installation of a first floor non-phone distribution line, installation of a second floor buphone, and error of a third floor buphone installation place, etc., the amount equivalent to the construction cost or defect repair cost should be deducted from the construction cost.

3. Determination

(a) unpaid.

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