logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.06.28 2016가단23042
공사대금
Text

1. The Defendant’s KRW 12,750,00 for the Plaintiff and 5% per annum from July 27, 2016 to June 28, 2017.

Reasons

1. Facts of recognition;

A. On April 1, 2013, the Plaintiff was awarded a contract with the Defendant for the construction of a new manufacturing facility on the land of Gyeongbuk-gun, Gyeongbuk-gun in KRW 134,00,000 as follows:

(2) A retaining wall 10,200,000 won: (1) A retaining wall 10,200,000 won (33 square meters) 4,500,000 won (hereinafter “instant construction contract”).

B. Under the instant construction contract, the Plaintiff performed the construction (excluding a part of the construction as follows), and the Defendant paid the Plaintiff the total of KRW 111,00,000 as construction price, and paid KRW 7,600,000 as substitute for the material price to be paid by the Plaintiff.

Therefore, if the defendant deducts the paid-in and the paid-in subrogated payment from the total paid-in construction cost, it shall be 15,400,000 won.

Meanwhile, the Defendant requested the Plaintiff to convert the management office (i) into a house, and the Plaintiff changed the design to enter a residential facility, such as a room, a living room, a kitchen, and a balcony, into a management office, and added the construction cost, and changed and constructed part of the management office for the purpose of housing.

(hereinafter referred to as the “Supplementary Construction Part”). . [Grounds for recognition] . [The fact that there is no dispute, Gap evidence 1 through 6 (including each number, hereinafter the same shall apply), Eul evidence 1 through 4, the witness D’s partial testimony, and the purport of the whole pleadings.

2. Assertion and determination

A. (1) The Plaintiff asserts that there was an agreement between the Defendant and the Defendant on the amount of the additional construction cost of KRW 800,000,000 for the original cost under the instant construction contract, and sought payment of KRW 21,60,000 for the portion of the additional construction cost of KRW 15,40,000 for the portion of the original cost under the instant construction contract (80,000 x 27 x 27), a total of KRW 37,00,000.

(2) As to this, the Defendant added the initial construction cost, as the additional construction cost was included from the beginning in the instant construction contract, different from the foregoing recognized parts.

arrow