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(영문) 부산지방법원 2018.06.19 2016가단45072
공사대금
Text

1. The Defendant’s KRW 13,350,00 for the Plaintiff and the following: 5% per annum from March 11, 2017 to June 19, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is running an artificial fishery with the trade name “D” in Busan Jin-gu C, Busan, and the Defendant is operating a “F kindergarten” in the Busan Jin-gu E.

B. From December 2014, the Plaintiff: (a) around 81,410,00 won in total, for the project to remove the third floor of F Kindergartens (excluding value-added tax); (b) as to the removal of main and walls from the first floor; and (c) as to the installation project of a playground and a passage passage for the disabled, the Plaintiff determined the estimated amount of KRW 12,536,00 in total (excluding value-added tax); and (d) as to the extension project of the third floor and the installation project of a stairs for the third floor, the Plaintiff implemented each construction project by setting the estimated amount of KRW 127,22

C. On March 26, 2015, the Defendant concluded a contract for construction works for the extension of a kindergarten with the amount of KRW 126,50,000 (the supply price of KRW 115,000,000, value-added tax 11,500,000) from April 1, 2015 to August 30, 2015.

On April 1, 2015, the Plaintiff entered into a construction contract for the construction of F Kindergartens and the authorized construction works of the Office of Education (hereinafter referred to as the “instant contract”) with the Defendant from December 24, 2014 to August 15, 2015, with the contract amount of 296,120,000 won (269,200,000 won supplied, value-added tax 26,920,000 won), and the warranty period of defect liability is two years from the date of completion inspection to the date of completion inspection, each of which is 2 years from the date of completion inspection, and the total supply value is 265,00,000 won as special terms and conditions, and as special articles, the contractual relationship (money transaction, all legal issues) with the required comprehensive construction company on document is all liable for the Plaintiff, and the construction amount is to be paid to the Plaintiff after the completion inspection by the Plaintiff and the Defendant to the Plaintiff.

E. In 2015, the Plaintiff is performing construction work by setting forth an estimated amount of KRW 73,00,000 in total with respect to the additional construction work of Defendant and FF Kindergartens 1 and 2 stories.

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