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(영문) 부산지방법원 2018.04.05 2016가단67485
용역비
Text

1. The Defendant’s KRW 17,600,000 for the Plaintiff and 6% per annum from November 15, 2016 to April 5, 2018.

Reasons

1. Basic facts

A. From April 22, 2016 to the same year, the Plaintiff was awarded a contract with the Defendant for installing and dismantling a cryp collection at the site of steel reinforced concrete construction (hereinafter “instant construction”) among the construction works of the complex building located in C at the time of smuggling-si.

7. By the end of 27, the above construction was completed.

B. The instant construction project agreed to calculate the construction cost by setting the unit price per area.

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. The Plaintiff’s assertion that the construction area of the instant construction project is 34 square meters and the unit price is 270,000,000 won. As such, the construction cost is 90,180,000 won (i.e., 334 square meters x 270,000 won). At the Defendant’s request, the construction work is completed with the Defendant’s construction of the supplementary construction of the outer wall of the fourth floor of the instant construction site to KRW 17,40,000, the total construction cost to be received from the Defendant is 107,580,000 won.

However, since the Defendant paid only KRW 52,000,000 to the Plaintiff, it sought payment of the unpaid construction cost of KRW 55,580,000.

B. The Defendant’s assertion that the construction area of the instant construction project is 332.7 square meters and the unit price is 260,000 won. As such, the total construction cost is 86,50,000 won (=32.7 square meters x 260,000 won, and less than KRW 260,000).

However, the Defendant paid 52,00,000 won directly to the Plaintiff; 8,00,000,000 won paid to D with the Plaintiff’s permission; 9,050,000 won paid on behalf of the Plaintiff for the repair cost for the part where the defect occurred in the construction work performed by the Plaintiff; 1,220,000 won paid on behalf of the Plaintiff; 6,90,000 won paid on behalf of the Plaintiff for the Defendant for the food of the parts employed by the Plaintiff; and 9,359,000 won paid on behalf of the Plaintiff for the equipment expenses to be paid by the Plaintiff; and 86,529,000 won paid on behalf of the Plaintiff for the equipment expenses to be paid by the Plaintiff; thus, the Defendant did not have any money to be paid to the Plaintiff.

3. Determination

A. The Plaintiff bears the burden of proving the amount of the construction cost as to the total amount of the construction cost.

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