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(영문) 서울중앙지방법원 2019.04.25 2018가합500220
공사대금
Text

1. The Defendant’s KRW 413,308,00 for the Plaintiff and 6% per annum from September 1, 2017 to November 16, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that engages in civil and construction business as its main business, and the Defendant is a person who engages in the interior work and the residential building development supply business under the trade name of “C” and “D”.

B. On January 31, 2016, the Defendant entered into a contract for construction works with the Plaintiff, setting the contract amount of KRW 2,354,00,000 on the land other than Pyeongtaek-si and three lots (hereinafter “instant construction works”) as the contract amount of KRW 2,354,00,000 on the land other than Pyeongtaek-do-si and three lots, and the date of commencement of the relevant construction works, on February 16, 2016; and on September 30, 2016; and on September 30, 2016, the rate of liquidated damages;

[2] Article 15 (Payment of Construction Price) B of the Special Contract for Private Construction Works (No. 3-1) stating the above contents (hereinafter referred to as “instant prime contract”). Article 15 (Payment of Construction Price) Item B of the Special Contract provides that “The amount of the construction contract shall be calculated as estimated construction cost, and thus the adjustment of the contract amount due to an increase or decrease in the area or a change in the contents of the construction project following the modification shall be conducted through mutual consultation

C. On September 30, 2016, the Plaintiff and the Defendant drafted a modified contract for private construction works (Evidence 1; hereinafter “instant modified contract”) that were extended from September 30, 2016 to November 30, 2016, upon completion date of the instant original contract, from September 30, 2016.

(The defendant asserts that the defendant's seal affixed to the orderer column of the contract of this case is not based on the seal of the defendant or forged, but the defendant's above assertion is without merit as detailed.

On January 25, 2017, the Plaintiff completed the instant construction work.

The details of construction cost paid by the Defendant to the Plaintiff is KRW 2,415,60,00,00 for the construction work at the time of calculation basis, etc. of the amount of the construction work to be paid by the Defendant to the Plaintiff 671 square meters x 3,600,000 for the removal cost of KRW 18,000 x 103,464,000 for 95.85 x 1,080 x 1,482,30,000 for the total of KRW 194,076,000 for the balcony expansion work at KRW 179.74 x 1,080 x 1,080 for the balcony expansion work at KRW 194,076,00 for 1,080,000 for x 72,468,000 for value-added tax on February 17, 2017.

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