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(영문) 대전지방법원 2020.03.12 2019가단17079
공사대금
Text

1. The Defendant’s KRW 179,070,00 for the Plaintiff and KRW 5% per annum from May 1, 2019 to June 7, 2019.

Reasons

1. Basic facts

A. The Plaintiff received a contract from the Defendant for a swimming factory construction project (hereinafter referred to as “astronomical factory construction project”) with the price of KRW 35,838,00 (including value-added tax; hereinafter the same shall apply) from the Defendant during the construction period from September 17, 2018 to October 31, 2018. The Plaintiff received a contract with the Defendant for a swimming factory construction project (hereinafter referred to as “YGGGG construction”) for the price of KRW 92,40,000,000 in total, and the construction period from January 20, 2018 to March 30, 2018.

B. On December 24, 2018, and on May 24, 2018, Pyeongtaek Factory Corporation obtained approval for each use on the grounds that each use was approved on December 24, 2018.

On March 31, 2019, the Plaintiff and the Defendant agreed to change the construction cost from September 17, 2018 to December 24, 2018, and agreed to change the construction period from September 17, 2018 to December 24, 2018. On April 30, 2019, the Plaintiff and the Defendant agreed to change the construction cost from January 20, 2018 to May 24, 2018.

C. The Defendant paid to the Plaintiff KRW 21 million among the construction cost of the astronomical factory, and KRW 1430,000,000 among the construction cost of the Pyeongtaek Factory.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the total amount of KRW 179 million for the remainder of the construction project (i.e., KRW 363 million - KRW 137.5 million - KRW 221 billion - KRW 14.3 billion - delay damages for the aforementioned amount, barring special circumstances.

3. The defendant's assertion argues that since the plaintiff changed the unit construction price of 10,105 won under the contract with the plaintiff as to the 15,257,424 won (i.e., the unit price difference 5,988 won x the construction price x 2,548m) and the value-added tax should be deducted for the 15,257,424 won (i.e., the unit price difference x the construction price x 5,98m).

The unit price of the contract details or actual execution details of the tent factory construction;

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