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(영문) 부산지방법원서부지원 2019.12.11 2017가단110586
공사대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 27,740,00 and KRW 24,117,00 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 27,740,00 on October 20, 2017.

Reasons

1. Basic facts

A. On August 4, 2017, the Plaintiff concluded a contract for the coffee shop (hereinafter “instant coffee shop”) located in Busan-gu, Busan-do (hereinafter “instant coffee shop”). On August 4, 2017, the Plaintiff submitted a written estimate to the Defendant stating the specific estimated amount of each detailed item for ten processes, including removal work, electrical construction, etc., with construction cost of KRW 53,800,000.

B. On August 7, 2017, the Plaintiff and the Defendant determined the instant construction cost as KRW 53,00,000 based on the written estimate (Additional tax separate) and concluded a construction contract with the construction period from August 7, 2017 to September 3, 2017 (hereinafter “instant construction contract”).

C. The Defendant paid the Plaintiff the down payment of KRW 15,00,000 and the intermediate payment of KRW 23,800,000, respectively, as the instant construction cost.

Around September 15, 2017, the Defendant started business at the instant coffee shop.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff asserted completed the instant construction, the Defendant did not pay KRW 15,00,000 out of the total construction cost, the Plaintiff, at the Defendant’s request, incurred additional construction costs of KRW 13,740,000 by additionally performing construction works as stated in the attached list, such as electric extension, installation of a fluence, additional installation of a fluence, additional installation of a fluence, and expansion of storage.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 28,740,000 (=15,000,000) and damages for delay.

B. The Defendant’s assertion did not demand the implementation of additional construction as alleged by the Plaintiff, and rather, due to the Plaintiff’s delay in construction, etc., the Defendant incurred a total of KRW 51,954,00 (= KRW 19,470,000) as follows, thereby incurring a loss equivalent to KRW 2,440,00,00. Therefore, the Plaintiff is the Defendant and the amount above.

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