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(영문) 대전지방법원서산지원 2016.08.31 2015가단8676
공사대금
Text

1. The Defendant’s KRW 39,542,00 for the Plaintiff and KRW 20% per annum from September 22, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On April 3, 2015, the Plaintiff received a contract from the Defendant during the period from April 3, 2015 to June 30, 2015, for the construction of a new detached house (hereinafter “instant building”) on the land outside C and one parcel (hereinafter “instant construction”) with the contract price of KRW 145 million (excluding value-added tax) and the construction period from April 8, 2015 to June 30, 2015.

(hereinafter referred to as the “instant construction contract”). B.

The Plaintiff completed the instant construction before June 30, 2015, and completed the first-come-served inspection on July 2015, and the Defendant completed the registration of initial ownership on the instant building on July 15, 2015 in the name of the Defendant.

C. The Defendant paid the Plaintiff the construction cost of KRW 60 million on April 10, 2015, KRW 20 million on May 13, 2015, and KRW 110 million on July 16, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, 8, Eul evidence Nos. 2, 3 and 4, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff completed construction in accordance with the instant construction contract, and (1) additional installation of a string and gas emitting range; (2) additional installation of 4.08 square meters in the living room area of the first floor of housing; (3) change of glass; (4.08 square meters in glass; (4) change of glass; (4) installation of a tennis; (4) installation of a watcher support unit; (4) installation of a roll-proof network; (3) reconstruction of the living room of the second floor; and (4) additional construction of road name signs installation works; and (4) additional construction costs

B. Meanwhile, the Plaintiff is obligated to pay construction cost of KRW 5,257,00 inasmuch as construction cost is required to execute the non-construction or defective parts arising from the failure to execute construction or a different construction work in accordance with the design drawing.

C. Therefore, the Defendant shall pay the Plaintiff KRW 39,542,00 as the price for the construction (=the unpaid construction cost of KRW 35 million + KRW 145 million - KRW 1100 million) additional construction cost of KRW 9,799,00 for the repair of defects - the construction cost of KRW 5,257,00 for the repair of defects).

3. Determination

A. As to the additional construction cost, Gap Nos. 1, 4, 5, 6, and Eul No. 2, 3.

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