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(영문) 서울중앙지방법원 2013.11.29 2011가단343209
공사대금
Text

1. The Defendant’s KRW 14,263,97 for the Plaintiff and KRW 6% per annum from September 1, 2008 to November 29, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of housing construction business, etc., and the Defendant is the owner of land B in Suwon-si, Suwon-si (hereinafter “instant land”). The Plaintiff’s assistant supplier is the person who supplies construction materials to the Plaintiff.

B. Around June 2008, the Plaintiff received a contract from the Defendant for construction of a new neighborhood living facility on the instant land (hereinafter “instant construction”) for construction period from June 11, 2008 to July 20, 2008; and for construction cost of KRW 37,000,000 (Additional Tax Table).

C. On July 2008, the Plaintiff suspended construction work without completing part of the instant construction work. D.

The Plaintiff received a total of KRW 25,000,000 from the Defendant as the construction cost of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 8, 11, 14, 15, 16, 17, Eul evidence Nos. 1 and 5 (including separate numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion ① The Plaintiff completed the instant construction, and the Defendant did not pay the agreed construction cost of KRW 12,00,000 among the construction cost (=the agreed construction cost of KRW 37,00,000 - the agreed payment of KRW 25,000,000). As such, the Defendant is obligated to pay the said construction cost to the Plaintiff.

② The Plaintiff additionally constructed reinforced concrete construction works, board construction works, etc. at the Defendant’s request.

Since the value of the additional construction cost is KRW 29,200,000, the defendant is obligated to pay the said additional construction cost to the plaintiff.

B. The judgment of this court 1) The following facts can be acknowledged in full view of the evidence, Gap evidence, evidence, evidence Nos. 6, 7, 9, 10, 12, Eul evidence Nos. 2, 3, and 4 (each statement and image including each number, witness C, and D's testimony, appraiser E's appraiser E's appraisal results, and the whole purport of the pleading of fact-finding about appraiser E.

① During the instant construction project, the Plaintiff suspended the construction without completing the floor design construction.

② At the time when the Plaintiff ceased construction work, the Plaintiff appears to have commenced.

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