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(영문) 수원지방법원 2017.02.09 2014가단539900
공사대금
Text

1. The Defendant’s KRW 28,340,927 and KRW 7,340,927 among the Plaintiff’s KRW 6% per annum from January 7, 2014 to February 9, 2017.

Reasons

1. Basic facts

A. On June 25, 2013, the Plaintiff received a contract from the Defendant at the rate of KRW 440,00,000 (excluding value-added tax) for the new construction work of two factories (A Dong Dong Dong Dong Dong and Dong Dong; hereinafter “instant factory”) located in Seosung-si 99-4 (hereinafter “instant factory”); on June 1, 2013; on November 30, 2013, the date of commencement; on November 30, 2013, the date of completion of the instant construction work; on a deposit basis; on a deposit basis, the rate of KRW 1/1,000 for delay interest rate of KRW 1/1,00 for delay (day); and on a deposit basis

(hereinafter “instant contract”). (b)

The defendant obtained approval for the use of the factory of this case on February 13, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 9, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of recognition as above, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 30,340,392,392, excluding KRW 14,659,608, in lieu of the repair of defects in lieu of the Plaintiff’s damages of KRW 45,000,000, the remainder of KRW 430,000,000 (including value-added tax) paid to the Plaintiff as a direct non-payment of KRW 430,000,00,000 (including value-added tax) paid to the Plaintiff.

B. In full view of the purport of the argument as a result of the appraiser A’s appraisal of the additional construction cost, following the conclusion of the instant construction contract, ① the Plaintiff completed the said construction upon receiving a request for additional construction from the Defendant to construct an office at the middle height of the office building, ② the expenses incurred in the said additional construction are KRW 3,400,199 (value-Added Tax Separate), and ② the Plaintiff’s completion of the construction work in the factory Dong-ho, 166,309 in total at the request of the Defendant to create an additional title different from the design drawing (value-Added Tax Separate). As such, the Defendant is obliged to pay the Plaintiff the additional construction cost of KRW 22,403,158 [including value-added tax, KRW 3,40,199, KRW 16,966,309] and delay damages therefrom.

② As regards the above creative construction works, the title additional construction works are required.

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