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(영문) 의정부지방법원 2015.08.19 2014가단33772
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 71,613,367 and the interest rate of KRW 20% per annum from October 23, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a contract from the Defendant for the steel frame construction and the board construction (hereinafter “instant construction”) from among the construction works for the new construction of a factory on land B and one parcel of land (hereinafter “instant construction”). In this regard, the steel frame and the board materials provided by the Defendant, and the Plaintiff decided to manufacture and install them.

B. On January 23, 2014, the Plaintiff submitted a written estimate to the Defendant, which is KRW 5,053,937 (excluding value-added tax), and KRW 76,109,133 (excluding value-added tax) for steel works during the instant construction, to estimate the total cost of KRW 76,109,133 (excluding value-added tax) for steel materials and steel processing costs, and to estimate the cost of the materials of the printing team in relation to the construction of the printing team (excluding value-added tax), KRW 59,160,200 (excluding value-added tax); and KRW 18,108,00 for the installation of the printing team (excluding value-added tax).

C. The Plaintiff’s KRW 5 million from the Defendant on March 24, 2014;

3.27.5 million won;

4.9.18 million won;

4.2.2.20 million won;

5.12.10 million won;

5.27.15 million won;

6.5.10 million won;

8.13.10 million won;

8. 14.14.10 million won was received respectively.

On June 20, 2014, the Plaintiff completed the instant construction work.

E. The Plaintiff submitted a written estimate, which is KRW 140,557,607 (excluding value-added tax) to the Defendant regarding the instant construction and additional construction.

F. An appraiser D determined that the construction cost for the instant construction and additional construction is KRW 241,723,90 (including value-added tax) in total by applying the cost calculation rate based on the criteria for calculating the estimated design price of March 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, entry of Eul evidence 1 to 4, result of appraiser D's appraisal, purport of whole pleading

2. Judgment on the plaintiff's claim

A. The Plaintiff completed the instant construction and additional construction, and the construction cost of the instant construction is KRW 94,217,133 (excluding value-added tax) [the value-added tax] [the construction cost of the instant construction = KRW 76,109,133 (excluding value-added tax) for the total cost of production and installation of steel frame, secondary materials, and clinical processing costs.]

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