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(영문) 수원지방법원안양지원 2017.11.03 2014가합1596
공사대금
Text

1. The Defendant’s KRW 135,540,130 as well as the Plaintiff’s annual rate of KRW 6% from December 9, 2015 to November 3, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the construction business, and the Defendant is the owner of the land at Ansan-si.

B. After commencing around September 2013, the Plaintiff newly built a four-story multi-household house of reinforced concrete structure (hereinafter “instant building”) on the ground of the said land.

C. From September 11, 2013 to January 27, 2014, the Defendant deposited KRW 130,000,000 to D’s account, the representative director of the Plaintiff.

The defendant completed registration of preservation of ownership of the building of this case on February 20, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. At the time of the appraisal of the construction cost of the current building by the Plaintiff, there was an agreement to pay an additional amount of KRW 20,000,000, which the Defendant originally agreed to pay in addition to the amount of KRW 20,000,00, after deducting the existing construction cost from the expenses (hereinafter “instant agreement”).

As a result of the appraisal, since the construction cost is KRW 385,94,716, the previous construction cost is KRW 130,000,000,00 shall be deducted and the 275,944,716, plus KRW 20,00,00, deducted 60,364,959 from the defect repair cost, and sought payment of KRW 215,579,757.

Preliminaryly, the Plaintiff and the Defendant concluded a contract with the amount of KRW 230,000,000, and thereafter, they performed additional construction work such as KRW 4,000,000, household production and installation cost of KRW 4,840,000, which the Defendant did not enter into the contract. If value-added tax is combined, the construction cost is KRW 262,724,00,00.

Accordingly, the Plaintiff paid 16,97,600 won in total, including the design cost of KRW 5,00,000, supervision cost of KRW 2,493,700, electricity pressure construction cost of KRW 968,00, KRW 2,407,90, KRW 4,180,000, KRW 1,200, KRW 1,000, KRW 200, KRW 728,000, and KRW 16,97,60,00.

Therefore, the construction cost to be paid by the Plaintiff is 279,701,600 won (262,724,000 won).

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