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(영문) 광주지방법원목포지원 2017.10.18 2017가단3480
공사대금
Text

1. The Defendant’s KRW 81,290,70 for the Plaintiff and the following: 6% per annum from August 25, 2017 to October 18, 2017.

Reasons

1. On January 14, 2015, the Plaintiff entered into a construction contract that newly constructs a farming house on the ground C, the Defendant-owned, Chungcheongnam-gun, Yan-gun, Seoul (hereinafter referred to as “instant construction contract”), respectively, by setting the period of construction between the Defendant and the Defendant, up to three months after the commencement of construction after obtaining a building permit, and the price is KRW 175,00,000 (excluding value-added tax).

After that, the Plaintiff completed the instant construction contract, but only 93,709,300 won of the construction price was paid by the Defendant.

Therefore, the defendant is liable to pay the remainder of the construction cost as stated in the order and damages for delay to the plaintiff.

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. After the conclusion of the instant construction contract, the Plaintiff seeking payment of the amount equivalent to KRW 93,00,000 to the Defendant as well as the payment of the said additional construction cost. However, it is difficult to view that the entries in the evidence Nos. 2 through 5 alone were the Plaintiff’s additional construction work equivalent to the amount as alleged above at the Defendant’s request, and there is no other evidence to acknowledge the Plaintiff’s assertion.

Therefore, the plaintiff's above assertion is not accepted.

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