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(영문) 의정부지방법원 2017.02.16 2015나56704
공사대금
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following order to pay.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. A. Around April 2014, the Plaintiff entered into a contract and the completion of the instant construction work with the Defendant to enter into a contract for the construction of Class II neighborhood living facilities (hereinafter referred to as “instant building”, and the said construction “instant construction”) with the construction cost of KRW 245,30,000 (including surtax) x 223,00,000 x 1.1 (hereinafter referred to as “instant contract”).

On May 13, 2014, the Plaintiff agreed to increase the construction cost as KRW 243,200,000 (including surtax) x 1.1.

On November 13, 2014, the Plaintiff completed the instant construction and obtained approval for the use of the instant building.

B. On the other hand, the Defendant paid the Plaintiff KRW 70,00,000 as of May 28, 2014, and KRW 117,90,000 as of June 19, 2014, and KRW 31,90,000 as of June 26, 2014, and KRW 18,40,000 as of July 10, 2014.

[Ground of recognition] Facts without dispute, entry in Eul evidence Nos. 1, 2, 9, 10, 12, 13 and 14 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff asserted that the construction cost of this case increased to KRW 267,520,00, and KRW 7,709,592, KRW 961,530, KRW 961,530, KRW 163,827, and KRW 913,917, in addition to the increased construction cost of this case.

Therefore, the Defendant stated that the Plaintiff was exempted from additional taxes in total amount of KRW 10,818,443 of the additional construction cost acknowledged as a result of the appraisal by an appraiser E in the trial on December 6, 2016, among the applications for the change of the purport of the claim and the cause of the claim as of December 6, 2016, when examining the additional construction cost table of KRW 279,420,873 (including additional taxes) in total of the construction cost and the additional construction cost statement of KRW 7,00,000,000 as of June 4, 2016, the above amount seems to include additional taxes.

(b).

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