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(영문) 대전지방법원서산지원 2017.12.19 2017가단478
공사대금
Text

1. The Defendant’s KRW 5,780,00, and the Plaintiff’s annual rate of KRW 5% from November 1, 2016 to December 19, 2017.

Reasons

1. The parties' assertion

A. The Plaintiff and the Defendant asserted 1) On February 29, 2016, the Plaintiff and the Defendant newly built the C-Ground Farm Housing Construction Corporation (hereinafter “instant construction”).

As to the construction cost, 163,00,000 won was determined. The Plaintiff completed the instant construction around September 1, 2016, and the Defendant is obligated to pay the Plaintiff the said construction cost. In addition, the Defendant is obligated to pay the Plaintiff additional construction cost, ① 1/2,450,00 won out of the outside retaining wall construction cost, ② 5,460,00 won out of the outside retaining wall construction cost, ② 3,000, ③ 3,000,45,696,000, and ⑤ 5,000,000,000,000, for interior interior decoration construction cost, ⑤ KRW 70,00,000, 700,000, 700,000, container rental fee, KRW 1,000,000, 800,000 additional retaining wall and 30,00,00ium work cost out.

3) Therefore, the Defendant is liable to pay the Plaintiff KRW 187,206,00 to the Plaintiff for the instant construction cost and additional construction cost. However, the Defendant paid only KRW 144,870,00 as the instant construction cost ( KRW 143,50,000 paid to the Plaintiff directly to the Plaintiff) and paid KRW 1,370,00 to the Plaintiff, the Plaintiff’s obligee, who is the Plaintiff, and the Defendant paid KRW 16,00,000 paid to G or KRW 8,40,000 paid to H, or KRW 16,000 as the instant construction cost. (B) The Defendant’s assertion 1) part of the Plaintiff’s additional construction work with respect to the instant construction work is only the part exceeding the originally scheduled area among stone and marina concrete construction work (total area of KRW 5/8).

2) However, the Defendant paid the Plaintiff KRW 169,260,000 ( KRW 25,760,000 paid directly to the Plaintiff or the Plaintiff’s wife to the Plaintiff’s obligees related to the instant construction project). Accordingly, the Plaintiff’s claim for construction payment was fully repaid. 3) H and I took charge of the creative construction during the instant construction project, and H lent KRW 8 million to the Plaintiff.

The plaintiff is H and I's.

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