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(영문) 부산지방법원서부지원 2020.12.24 2018가단103103
공사대금
Text

1. The Defendant’s KRW 5,190,150 as well as 6% per annum from August 1, 2017 to December 24, 2020 to the Plaintiff.

Reasons

Basic Facts

On July 28, 2016, the Defendant entered into a construction contract (hereinafter “instant contract”) with respect to the construction of a neighborhood living facility and multi-family house (hereinafter “instant building”) in Gangseo-gu, Busan, with respect to the construction of the said building, the construction cost of KRW 355,00,000 for the construction cost, the construction period from August 1, 2016 to December 20, 2016 (based on the approval date of use), the defect repair period of two years for the defect repair period, and the construction cost shall be paid in three times, and the balance at the time of approval of use is paid in full (hereinafter “instant contract”).

The Plaintiff commenced construction of the instant building (hereinafter “instant construction”) under the instant contract, and obtained approval for the use of the instant building on June 29, 2017.

[Based on the facts without dispute, Gap evidence Nos. 2 through 5, Eul evidence Nos. 4 through 6, and the purport of the whole pleadings as to the plaintiff's assertion of the contract of this case. The defendant shall pay to the plaintiff the contract price of 390,500,000 won (the contract price of 355,000,000 won x 1.1) less the contract price of 317,500,000 won paid to the plaintiff or D, and the remaining contract price of 73,00 won.

As additional construction cost, the Plaintiff’s construction cost, at the Defendant’s request, for the part above the part of the office of the first floor (construction cost of KRW 6,487,650), ② the increased area of the entrance of the stairs of the first floor (construction cost of KRW 756,288), ③ the construction cost for the part where the temporary partitions was installed on the left side of the first floor to expand the area after the approval for use (construction cost of KRW 3,820,00), ④ the landscaping facility installed after the approval for use was removed, ④ the construction cost for the floor (construction cost of KRW 1,95,50), ⑤ the studio of the second floor (construction cost of KRW 1,95,50), ⑤ the studio of the second floor (construction cost of KRW 5,889,500), the studio, special key, gas boiler, and gas pipes (construction cost of KRW 8,820,00), 30,000 for the construction cost of the stud, 20.

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