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(영문) 광주지방법원장흥지원 2016.11.16 2015가단1186
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant awarded a contract to the Plaintiff on September 4, 2012 for the construction cost of KRW 280,000,000 of the construction cost of the Defendant’s church cafeteria and the New Housing Construction Corporation (hereinafter “instant First Corporation”) on the ground of the Defendant’s ground of the judgment, the Defendant awarded a contract to the Plaintiff on November 7, 2012 for the second floor (ware) of the Defendant church building (hereinafter “instant Second Corporation”) of the construction cost of KRW 120,000,000; the Defendant paid only KRW 380,000,000 among the construction cost of the instant First and Second Corporation; or there is no dispute between the parties to the Plaintiff, and the purport of the entire pleadings in full view of the evidence No. 1, No. 1-1, and No. 2-2.

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion, separate from the 1 and 2 construction of the instant case, the Defendant additionally contracted to the Plaintiff the heating and cooling construction, external construction, and finishing construction for the second floor of the Defendant church building extended to the 2nd construction of the instant case to KRW 45,893,162 of the construction cost.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 65,893,162, including the above additional construction cost of KRW 45,893,162, and delay damages therefrom, in total, KRW 20,00,00 for the construction cost of the instant 1,20.

B. The Defendant’s assertion that the Plaintiff is an additional construction work is included in the instant secondary construction work from the beginning to the point of view, and thus cannot be deemed an additional construction work, and there is no fact that the Defendant gave the Plaintiff a contract for construction cost of KRW 45,893,

In addition, since the Plaintiff’s construction works were defective or unconstruction, the Defendant paid KRW 37 million to the cost of repairing the defects. The completion date of the first construction works in the instant case was completed on November 20, 2012 but on April 8, 2013. As such, the completion date of the first construction works in the instant case was delayed on 139 days and 38,920,000 won (i.e., the construction amount of KRW 280,000 x 139 days x 1/1,000 for delayed delay x 139 days x 1/1,000 for delayed delay). Thus, the defect repair costs and the damages for delay at KRW 20,000,000 for the construction payment of the first and second construction works in the instant case.

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