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(영문) 서울동부지방법원 2017.02.03 2015가합111950
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 680,080,662 as well as 25% per annum from September 25, 2015 to the day of full payment.

Reasons

Basic Facts

On March 27, 2014, the Plaintiff entered into a contract with the Defendant for a contract (hereinafter “instant contract”) with the construction cost of KRW 958 million (excluding value-added tax) and the late payment delay delay damages at the time of delay of construction (hereinafter “instant contract”) and agreed to increase the construction cost to KRW 1296 million (excluding value-added tax) by reflecting the increase in the building area on June 20, 2015.

On June 2015, the Plaintiff completed the instant construction project, and on June 25, 2015, the registration of ownership preservation was completed in the future for the Defendant regarding the new building of this case.

On September 10, 2015, the Plaintiff entered into an agreement with the Defendant to settle a total of KRW 715,153,630 (hereinafter referred to as “instant settlement agreement”) on the balance of the construction cost under the instant contract (hereinafter referred to as “the instant settlement agreement”) (hereinafter referred to as “the instant settlement agreement”) with the Defendant, and entered into a statement of accounts as shown in the attached Form (A evidence 3 and subsequent statement of accounts).

[Reasons for Recognition] In full view of the facts without dispute, Gap 1 through 3, 7, Eul 1 and 3 evidence (including a serial number, hereinafter the same shall apply), Eul's testimony and the whole purport of the pleadings, and the facts acknowledged in Paragraph 1 as to the ground for appeal by the court's decision, the defendant is obligated to pay to the plaintiff the settlement amount of this case 715,153,630 won and delay damages.

As to the defendant's defense of mistake, the defendant did not confirm the details of the statement of settlement at the time of the settlement agreement of this case, and affixed the statement of settlement, and if any error is discovered in the calculation in the future, the amount corresponding thereto shall be returned.

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