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(영문) 의정부지방법원 2017.05.19 2014가단116677
공사대금
Text

1. The defendant receives KRW 9,88,488 from the plaintiff and simultaneously pays KRW 9,88,488 to the plaintiff.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 4, and evidence No. 8-1, 2, and Eul evidence Nos. 1 and 10, respectively.

The plaintiff is engaged in civil engineering, steel reinforced concrete, steel framed construction business, etc. with the trade name of "C", and the defendant operates welfare facilities for older persons.

B. (1) On March 23, 2013, the Plaintiff entered into a contract for a construction project with the Defendant for a construction project with a contract amount of KRW 85 million, supply price of KRW 85 million, value-added tax portion as a public column and construction period as of March 27, 2013, which connects the existing welfare facilities for the elderly on the land of Seocheon-si D (Macheon-si E and F) to the existing welfare facilities for the aged on April 30, 2013 (hereinafter “instant contract for a construction project”).

(2) The Defendant paid the construction cost in advance in installments in the amount of KRW 25 million, KRW 30 million as an intermediate payment, and KRW 30 million as an intermediate payment.

(3) The instant construction contract is subject to a special agreement stating that “the construction work shall correspond to drawing(s)” includes fireproof clothes, residual soil adjustment, and construction work.

C. The Defendant paid the Plaintiff the construction cost, KRW 25 million on March 25, 2013, KRW 30 million on April 16, 2013, and KRW 15 million on May 15, 2013, respectively.

The Plaintiff completed the instant construction work.

2. Judgment on the plaintiff's claim

A. The Plaintiff completed the instant construction on April 30, 2013, and the Defendant was unable to install the elevator scheduled to be installed in the instant building on or around April 23, 2013, with the initial construction drawings, the Plaintiff requested additional steel framed construction for elevator installation and completed additional construction in KRW 7,50,000 for the construction cost (excluding value-added tax).

The defendant paid KRW 70 million among the construction cost of this case, and did not pay the remainder of KRW 15 million, and the additional construction cost shall be KRW 7.5 million.

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