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(영문) 수원지방법원성남지원 2019.03.20 2016가단28117 (1)
공사대금 등
Text

1. The Defendant’s KRW 68,466,00 for the Plaintiff and the following: 6% per annum from December 10, 2016 to March 20, 2019.

Reasons

1. Basic facts

A. On October 31, 2015, the Plaintiff and the Defendant concluded a creative construction contract (hereinafter “instant construction contract”) with the Plaintiff for the following works: (a) the Defendant entered into a creative construction contract with C, D, E store, and F store building (hereinafter “instant building”); and (b) the distinction between the building and E store building; and (c) the contract with the Plaintiff for the instant construction works (hereinafter “instant construction works”).

Construction period: The contract price between November 9, 2015 and November 28, 2015: Total contract price of 363,00,000,000 won (additional tax of 33,000,000): When a contract is made for advance payment: 145,200,000 won: After the completion of construction of construction of the intermediate payment of 145,20,000 won to November 40, 201: 72,60,000 won: 20% after the completion of construction of construction of the intermediate payment of 145,20,000 won to November 40, 200: 20% of the total contract price of 363,00,000 won:

B. On November 6, 2015 and December 2, 2012 of the same year, the Defendant paid to the Plaintiff KRW 290,400,000 in total, each of the construction cost of the instant case.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 119,264,00 [the total construction cost of KRW 409,664,00 [the total construction cost of KRW 463,00,664,00] and delay damages for the construction of the Estore building among the instant construction work, as additional construction work equivalent to KRW 17,550,00,000 in total, and KRW 290,40,000 in total.

B. The gist of the Defendant’s assertion cannot be recognized as the additional construction works of the Plaintiff’s assertion, and rather, there were considerable defects in the instant construction works, and the Defendant incurred losses that amount to KRW 50,270,00 (i.e., KRW 24,970,00 relating to the building of the E sales outlet in KRW 25,30,000) due to the delay of construction by the Plaintiff, and thus, each of the above losses should be deducted from the construction cost.

3. The costs for additional construction of the building related to the Plaintiff’s assertion are installed on the first floor, the second floor, and the interior stairs.

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