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(영문) 수원지방법원성남지원 2017.09.20 2016가단12297
공사대금
Text

1. The Defendant’s KRW 13,080,050 for the Plaintiff and 5% per annum from August 20, 2016 to September 20, 2017.

Reasons

1. Facts of recognition;

A. On March 19, 2015, the Plaintiff was awarded a contract with the Defendant for the construction of a multi-family housing (hereinafter “instant multi-family housing”) that the Defendant newly built on the non-city C and four parcels in Gwangju City (hereinafter “instant multi-family housing”).

B. The Defendant paid the Plaintiff KRW 60,000,000, as the instant construction cost on March 30, 2015, KRW 15,000 on April 27, 2015, KRW 300,000 on April 30, 2015, KRW 7,000 on May 1, 2015, KRW 10,000 on June 2, 2015, KRW 10,000 on June 17, 2015, and KRW 60,000,000 on September 10, 2015, and KRW 10,000 on September 18, 2015.

C. In addition, the Defendant paid D totaling KRW 5,150,000,000 on May 8, 2015, as the purchase price of the materials to be used for the unused Corporation during the instant construction (hereinafter “instant materials purchase price”), and KRW 5,150,000,00 on July 15, 2015.

The Plaintiff completed the instant construction work around June 2015.

E. Meanwhile, appraiser E appraised the instant construction cost as KRW 78,230,050.

(hereinafter referred to as “instant appraisal”). 【No dispute exists; Gap evidence Nos. 1 through 8; Eul evidence Nos. 3; Eul evidence Nos. 4 (including each number); the appraisal result of appraiser E; the inquiry result of this court’s inquiry into appraiser E; the purport of the entire pleadings.

2. Determination

A. According to the above facts of determination as to the cause of claim, unless the Plaintiff specifically specified or determined the construction cost, construction period, etc. at the time of receiving the contract for the instant construction work from the Defendant, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 18,230,050 won (=78,230,050 won - 60,000 won - 60,000,000 won for the unpaid construction price) and damages for delay, barring special circumstances.

B. The defendant's defense, etc. 1 is the plaintiff related to the construction of this case.

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