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(영문) 대구지방법원 2015.01.16 2012가합5579
공사대금
Text

1. The Defendant’s KRW 146,165,227 as well as 5% per annum from February 11, 201 to January 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On November 17, 2010, the Plaintiff drafted a standard contract for private construction works (hereinafter referred to as the “instant contract”) with the Defendant and the Daegu-dong Ground Factory (hereinafter referred to as “instant factory”) with respect to the construction work for the extension of the Defendant’s factory (hereinafter referred to as “instant construction work”) on the grounds that the construction cost is KRW 495 million (including value-added tax) and the construction period from November 17, 2010 to April 16, 2011.

B. The Plaintiff did the instant construction pursuant to the said contract, and the instant construction was completed on or around February 10, 201.

C. The Defendant’s construction cost of the instant construction project to the Plaintiff on December 28, 2010, January 31, 201, and the same year.

4. 25.25., the same year;

5. A total of KRW 350 million on March 5, 2012, paid KRW 31.31.4, 11.4, 12.1, and 50 million on March 5, 2012.

[Ground] Facts without dispute, Gap evidence 1, Gap evidence 7-1 and Eul evidence 2 (hereinafter referred to as "legal number omitted"), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserted that the construction work in this case was completed by the defendant under a contract with the defendant for the construction cost of KRW 583,00,000 (including value-added tax) and the additional construction work equivalent to KRW 111,581,209 at the defendant's request during the construction in this case. The defendant paid only KRW 350,000 as the construction cost, and did not pay the remainder of the construction cost.

Since the Plaintiff decided to reduce the additional construction cost of KRW 59,400,000, the Defendant is obligated to pay the Plaintiff the agreed construction cost of KRW 583,00,000,000, plus KRW 59,400,000, plus KRW 642,400,000, deducting the already paid KRW 35,000,000, and the delay damages therefor.

B. According to the facts of recognition prior to the determination of the agreed construction cost, it can be recognized that the contract for the instant construction work was concluded between the Plaintiff and the Defendant with respect to the construction cost of KRW 495,00,000.

The Plaintiff is the contractual construction cost of KRW 583,00,000 (including value-added tax).

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