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(영문) 부산지방법원 2019.09.20 2018나59632
공사대금
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. Summary of the parties' assertion

A. When concluding the Defendant’s housing remodeling contract (hereinafter “instant construction contract”) with the Defendant, the Plaintiff agreed to receive materials cost and personnel expenses invested by the Plaintiff.

The Plaintiff invested 50,008,280 won, including the material cost of KRW 15,503,980 and personnel cost of KRW 34,504,30, and completed the instant construction, but the Defendant paid only KRW 22,00,000 among them.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 28,008,00 (=50,008,280 - the payment of the construction cost of KRW 22,00,000) and delay damages.

B. Defendant 1) The Defendant paid the unpaid construction cost of KRW 24,905,500 to the Plaintiff, and did not agree to pay the material cost and the personnel cost incurred by the Plaintiff. Therefore, the unpaid construction cost of KRW 2,905,500 (i.e., construction cost of KRW 24,905,500) - the payment of the compensation for damage claim of KRW 22,00,000 (i.e., the payment of the construction cost of KRW 24,905,50).

Accordingly, the defendant paid 750,000 won to D and paid the repair work.

② Although the Defendant requested the installation of a gate in the same shape and structure as the Defendant’s neighbor’s main gate, the Plaintiff caused inconvenience in the use of the gate by making the gate in the inside and outside, and making the gate in the outside.

Accordingly, the defendant paid 150,000 won to E, and installed 1,650,000 won to F, and installed gate.

③ The Plaintiff did not complete a wood farming work, which is a part of the aggregate expansion work, and the Defendant paid KRW 250,00 to G, and paid KRW 700,000 to H, and paid KRW 410,000 to I.

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