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(영문) 수원지방법원여주지원 2020.07.08 2019가합11301
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 122,438,891 and interest rate of KRW 12% per annum from August 16, 2019 to the date of full payment.

Reasons

The Plaintiff’s assertion as to the claim for construction cost was made by the Defendant and completed the said new construction work after being awarded a contract for the construction cost of KRW 594,00,000,000 for two neighboring life in Jeonsung-gun, Jeonsung-gun (hereinafter “instant construction work”). Of the construction cost of this case, only KRW 508,350,000 among the construction cost of this case was paid.

In addition, while performing the instant construction, the Plaintiff received a request from the Defendant to perform the interior interior interior of the indoor interior interior interior of the freezing and freezing storage (hereinafter “instant additional construction”). The Plaintiff performed the instant additional construction in KRW 83,723,591, and was paid only KRW 46,934,700 out of the instant additional construction cost.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 122,438,891 (i.e., the instant construction cost of KRW 594,00,000 - the said KRW 508,350,000 for the instant additional construction cost of KRW 83,723,591 - the said KRW 46,934,700), and damages for delay.

The Defendant’s assertion was a construction project with a government-funded building facility fund, and the government provided support for KRW 622,400,000,000, which is 70% of the total construction cost, and the Defendant paid the remainder of KRW 30%. However, in fact, the original and the Defendant agreed on the actual construction cost of the instant construction project as KRW 3,75,00,000 (total KRW 3,75,000,000), so there is no unpaid construction cost by the Defendant.

The Defendant did not request the Plaintiff to perform the Additional Construction, and even if the Additional Construction Costs had been incurred, the Additional Construction Costs did not request the Defendant to pay the Additional Construction Costs, since the Additional Construction Costs had been built with the Governmental Support Construction Costs.

If judgment as to the cause of the claim Gap Nos. 1-9, 11-16 (including additional numbers), and witness D's testimony added the purport of the entire pleadings, the plaintiff will pay the construction work of this case from the defendant on June 20, 2018.

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