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(영문) 춘천지방법원강릉지원 2017.07.12 2016가단54427
정산금
Text

1. The Defendant’s KRW 25,441,554 as well as the Plaintiff’s annual rate from May 23, 2017 to July 12, 2017, and the following.

Reasons

1. Case summary

A. Basic facts 1) The Plaintiff is a building on the East Sea C (hereinafter “instant building”).

(2) On May 20, 2016, the period of construction of the remodeling construction of the instant building from May 25, 2016 to August 30, 2016, and the construction cost was determined as KRW 85 million for the purpose of moving the store it operated to the instant building after remodeling (hereinafter “the instant primary contract”).

(2) On June 22, 2016, the Plaintiff and the Defendant changed the construction cost to KRW 92,50,000 (the increased cost of KRW 6,00,000 due to the reinforcement of the existing construction cost, KRW 85,000,00,000,000) of the construction cost, including the construction cost added to the reinforcement of outer walls and the replacement construction of septic tanks (hereinafter “instant construction work”).

(3) According to the instant contract for the first and second construction, the Plaintiff filed a lawsuit in the instant case with the Defendant seeking the payment of the remainder after subtracting the construction cost for the construction work completed by the Defendant from the construction cost of KRW 50 million on September 7, 2016, which was KRW 10 million, KRW 30 million on June 24, 2016, and KRW 50 million on July 25, 2016. (b) The instant construction was suspended due to a dispute between the Plaintiff and the Defendant. (c) The Plaintiff filed a lawsuit in the instant case, seeking the payment of the remainder after deducting the construction cost for the construction work cost for the construction work completed by the Defendant from the construction cost of KRW 50 million on September 7, 2016.

(2) On September 8, 2016, the Plaintiff filed the instant lawsuit and the Defendant completed the instant construction between September 19, 2016 and October 31, 2016, and the Plaintiff calculated a total of KRW 42,50,000 (the total construction cost of KRW 92,50,000,000,000,000,000,0000,000,000,000 won, which was already paid by the Plaintiff to the Defendant, from September 8, 2016 following the filing of the instant lawsuit.

(1) The agreement to pay the instant additional agreement was reached (hereinafter “instant additional agreement”).

3) At the time of the instant additional agreement, the Plaintiff and the Defendant did construction work without justifiable grounds.

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