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(영문) 대구지방법원 서부지원 2017.01.24 2015가단24120
공사대금
Text

1. The Defendant’s KRW 16,56,908 with respect to the Plaintiff and KRW 6% per annum from October 1, 2015 to January 24, 2017.

Reasons

On March 2015, the Plaintiff, who runs a basic construction business, was awarded a contract from the Defendant to May 2015, 2015 for the construction of single-story Housing (hereinafter “instant construction”) with a size of 148.45 square meters on both the land of 173 square meters and 473 square meters on both the land of 173 square meters and 148.45 square meters.

The Defendant paid the Plaintiff the construction cost of KRW 10 million on May 12, 2015, KRW 18 million on May 28, 2015, KRW 20 million on June 16, 2015, KRW 20 million on June 23, 2015, KRW 20 million on June 23, 2015, KRW 20 million on July 9, 2015, and KRW 98 million on August 5, 2015.

On August 21, 2015, the Defendant’s mother-friendly D drafted a payment note that the Plaintiff shall pay KRW 35 million as personnel expenses of the instant construction project (hereinafter “instant payment note”).

The defendant completed registration of preservation of ownership of the newly constructed house on September 30, 2015.

[Based on the basis of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 1 through 5 (including a Serial number) and the purport of the whole pleadings, alleged by the parties to the lawsuit, the building area of the plaintiff corporation of this case was 49 square meters in total, 45 square meters in house construction and 4 square meters in village, and 147 million won in construction cost per square year (=49 square meters x 3 million won). At the time of receipt of construction cost of KRW 98 million, the letter of payment of this case was prepared, and the remaining amount of KRW 49 million was reduced to KRW 35 million.

Therefore, the defendant is obligated to pay the remaining construction cost of KRW 35 million and delay damages to the plaintiff.

On this issue, the defendant asserts as follows.

① The instant construction cost is not KRW 147 million, but KRW 135 million.

② On August 15, 2015, the Plaintiff unilaterally suspended construction works around August 15, 2015. The Defendant urged the Plaintiff to resume construction works, and submitted account statements after completion of construction works by the Plaintiff, the amount indicated in the account statement and KRW 35 million for the Plaintiff’s personnel expenses.

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