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(영문) 서울중앙지방법원 2019.07.19 2018가단33679
공사잔대금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 8, 2017, the Defendants, as a project owner, concluded a contract with the Plaintiff on June 25, 2017 with respect to the construction of a newly built multi-household house in Songpa-gu Seoul Metropolitan Government (hereinafter “instant construction”) in which the construction was suspended between the Plaintiff and the Plaintiff (hereinafter “instant contract”). As of November 30, 2017, the contract amount was KRW 712,00,000, with the Plaintiff’s construction completion as of November 30, 2017.

On the other hand, the entries of the contract amount are as follows.

4. Price of contract: Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won-Won: Value-Won-Won-Won-Won-Won-Won-Won-Won-Won

B. The instant construction was completed on March 2018 and obtained approval for the use of multi-household houses from Songpa-gu Office around that time.

C. On December 9, 2018, the Plaintiff and the Defendants settled an agreement on the settlement of construction costs as follows (hereinafter “instant settlement agreement”) and the construction cost was settled.

Construction cost settlement and construction name of agreement: Multi-household Construction Corporation

1. Contract amount: 712,00,000 won;

(a) Amount paid to a project owner: 67,000,000 won (Direct payment by the owner) for the portion not extended on the sixth floor: 15,000,000 won (payment by the owner): 50% for the elevator: 16,000,000 won (payment by settlement reduction) for the portion not extended on the sixth floor: 5,000 won: 240,000 won (payment by 1,200,000 won): 5 times for the progress payment by 6,000 won: 6,000,000 won for the second half: 5 times for the partial payment by 6,000,000 won: 6,790,000 won for the six times: 1,100,000 won for the partial payment by 6,790,000 won: 8 times; and

(b) Additional construction works: 90% of the amount of additional construction works other than tin 1: 32,310,000 won (additional construction works 35,90,000 won x 90% x 32,310,000 won): 10,700,000 won;

(c) Unpaid construction cost: 384,410,00 won 712,00,000 won - 377,000,000 won - 49,410,000 won = 384,410,000 won = Value-added tax separately for contract - (based on recognition) under contract - lack of dispute over the above amount - (based on recognition), Gap evidence 1, 2, evidence 4-1, 2-2, each entry, and the purport of the whole pleadings;

2. The plaintiff's assertion and its objection.

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