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(영문) 의정부지방법원 2016.09.29 2013가합10564
공사대금
Text

1. The Defendant’s KRW 92,397,00 for the Plaintiff and KRW 5% per annum from February 28, 2013 to September 29, 2016.

Reasons

1. The Plaintiff and the Defendant concluded the instant contract for new construction works on a ten-time basis as follows (hereinafter “instant existing contract”).

Serial 2. Construction Date of December 1, 2008; 167,000,000 won of reinforced concrete construction on December 31, 2008; 2. 42,00,00 won on February 2, 2009; 42,00,00 won of reinforced concrete construction on February 12, 2009; 2. 6. 1, 200,00 won of reinforced concrete construction on April 9, 200, 209; 4.6. 6. 2,00,00 won of reinforced concrete construction on April 10, 209; 3. 4,000 won of reinforced concrete construction on April 10, 209; 200,000 won of reinforced concrete construction on April 9, 2009;

2. Determination as to the cause of action

A. While the Plaintiff’s assertion was in progress under the existing contract of this case, the Plaintiff added a fence to the Defendant’s order, installed a front-gu sculpture, installed a U-style equipment construction, etc.

The defendant is obligated to pay to the plaintiff KRW 98,531,00 for additional construction costs and delay damages therefor.

B. Determination 1: (a) evidence Nos. 11 through 14; (b) evidence Nos. 15-2, 3, and 16; (c) evidence Nos. 17-15; and (d) evidence Nos. 18; (c) witness C’s testimony; (d) appraiser D’s appraisal result; (e) each fact inquiry reply as of May 31, 2016; and (e) the whole purport of the pleadings as of June 16, 2016; and (e) the Plaintiff’s request as of March 11, 2010 to June 25, 2010, in addition to the construction works under the existing contract of this case, at the request of the Defendant E, the representative director at the time.

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