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Reasons
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(영문) 부산지방법원 2016.11.30 2015가합2846
공사대금
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1. The Defendant’s KRW 46,964,730 for the Plaintiff and KRW 6% per annum from January 27, 2015 to November 30, 2016.

Reasons

1. Basic facts

A. On April 24, 2013, the Defendant entered into the instant contract and the amendment contract: (a) the building on the land outside Busan-gu Busan-gu and two lots (hereinafter “instant building”) on the Plaintiff on April 24, 2013

2) The construction to be newly built (hereinafter referred to as “new construction of this case”)

(2) Around July 2013, the Plaintiff entered into a contract with the Defendant and the New Construction Work to add a basic file for civil engineering work; to KRW 2,325,400,000 from KRW 2,165,90,000; and to KRW 159,50,000 from March 23, 2014; and to extend the expected completion date from March 23, 2014 to April 25, 2014.

3) On February 17, 2014, the Plaintiff entered into a modified contract with the Defendant to increase the construction cost of the instant newly-built construction from KRW 2,325,40,00 to KRW 2,46,400,000 (hereinafter referred to as “instant contract”) to KRW 121,00,000 (hereinafter referred to as “instant newly-built construction contract”).

B) B. The Plaintiff completed the instant new construction and paid the construction cost (i) and completed the instant new construction, and the Plaintiff obtained approval for use of the instant building on August 26, 2014, and issued the Defendant a written approval for use and notice of the occupancy result on September 24, 2014.

Meanwhile, on September 18, 2014, the Defendant completed registration of initial ownership relating to the instant building.

2) The Defendant paid KRW 2,221,337,350 among the construction price to the Plaintiff. [The 2,221, 337,350 of the construction price is without dispute over the grounds for recognition, Gap evidence 1-1, 2, 2, 3, and 4, Gap evidence 6-9, Gap evidence 7, and 24, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The Defendant asserted that the Plaintiff did not pay KRW 225,062,650 out of the construction cost under the instant contract to the Plaintiff.

Meanwhile, according to the defendant's instruction, the plaintiff added and changed the amount of KRW 108,570,000, and the construction of this case was delayed upon the defendant's request for additional construction.

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