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Reasons
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(영문) 창원지방법원진주지원 2017.08.22 2016가단35631
공사대금
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1. The Defendant’s KRW 45,966,00 for the Plaintiff and KRW 6% per annum from November 29, 2016 to August 22, 2017.

Reasons

1. Basic facts

A. On July 22, 2015, the Defendant entered into a contract with Nonparty A for a new construction of the building for the building for the building of the building for the building of the building for the building of the building for the building of the building of the building for the building of the building of the building of the building for the building of the building of the building of the building for the building of the building of the building of the building between the Plaintiff and the Plaintiff on July 22, 2015 (hereinafter “instant subcontract”).

B. While carrying out the instant construction project, the Plaintiff, upon the Defendant’s request for additional construction works, carried out an additional construction project (hereinafter “instant additional construction project”) with the same content as indicated in the attached Form No. 4,450,000 (Separate No. 3). Around August 2016, the Plaintiff completed the instant construction project and the instant additional construction project.

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

2. Determination

A. The plaintiff asserts that the plaintiff is obligated to pay the plaintiff a total of KRW 85,195,00 (i.e., KRW 73,450,00 for additional construction cost of KRW 4,745,00 for value-added tax of KRW 7,745,00 for value-added tax of KRW 73,00 for the construction cost of this case), but only KRW 32,200 for the above money, the remaining amount of KRW 52,95,00 (= KRW 85,195,000 for - KRW 32,220,000 for - KRW 32,20,000) and delay damages. The defendant asserted that the above additional construction cost should be settled only for 3% of the contract amount at the time of the subcontract of this case, and that the plaintiff should have paid the above additional construction cost of KRW 2,260,00 for the total construction cost of KRW 300 for the subcontract of this case.

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