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(영문) 인천지방법원 2015.08.21 2014가합50896
공사대금
Text

1. The Defendant’s KRW 69,344,663 as well as the Plaintiff’s annual rate of KRW 5% from March 4, 2014 to August 21, 2015.

Reasons

1. Basic facts

A. On November 3, 2011, the Plaintiff entered into a contract with the Defendant under which the term “the construction work of Class II neighborhood living facilities (hereinafter “instant construction work”) on the ground C in Gyeonggi-si (hereinafter “instant construction work”) was stipulated as the construction cost of KRW 308,00,000 (including value-added tax) and the construction period from December 3, 201 to March 31, 2012 (hereinafter “instant construction contract”).

B. On June 27, 2012, the Plaintiff completed the instant construction and obtained approval for use.

C. The Defendant paid to the Plaintiff KRW 259,262,840 out of the construction cost of this case 308,000,000.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 11 (including paper numbers; hereinafter the same shall apply), Eul's 1 through 9, the purport of the whole pleadings and arguments

2. The parties' assertion

A. Plaintiff’s assertion 1) In addition to the instant construction project with the Defendant, the Plaintiff concluded a contract on December 30, 201 with the Defendant for the additional construction cost of KRW 16,292,316 (including value-added tax), ② on March 2, 2012, for the change of the location and the additional construction cost of material change of KRW 2,278,826 (including value-added tax), ③ on March 20, 2012, for the additional construction cost of KRW 19,80,00 (including value-added tax); ④ on May 4, 2012, the Plaintiff did not provide for the additional construction cost of KRW 4,180,00 (including value-added tax); ⑤ on July 5, 2012, the Defendant did not provide for the additional construction cost of KRW 25,00 (excluding the additional construction cost of KRW 15,205,000).

3. Korea War Deposit 225,000 won, which has the obligation to pay to the Defendant.

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