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(영문) 광주지방법원목포지원 2017.09.21 2016가합214
공사대금
Text

1. The Defendant’s KRW 578,706,281 as well as 6% per annum from July 25, 2015 to September 21, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 1, 2011, the Plaintiff was awarded a contract with the Defendant for a construction period of the new construction work of the former Military Neighborhood Facility in Yong-Gun from August 4, 201 to March 31, 201, with the construction cost of KRW 4,592,00,000 (excluding value-added tax).

On October 20, 2011, the Plaintiff and the Defendant changed the construction period of the said construction contract from October 20, 201 to June 30, 2012, and changed the construction price to KRW 3,864,630,00 (including value-added tax), and changed the construction period from October 20, 201 to August 30, 2012.

(hereinafter referred to as the “instant construction contract,” including the modified contents, and the said new construction work under the instant construction contract is called the “instant construction work” and the completed building is called the “instant building”).

On June 15, 2012, the Plaintiff completed the instant construction, and the Defendant obtained approval for the use of the instant building on the same day.

C. The Defendant paid the Plaintiff the construction cost of the instant construction project, KRW 100,00,00 on February 17, 2012, KRW 986,00,00 on February 21, 2012, KRW 7,000 on April 6, 2012, KRW 500,000 on July 13, 2012, KRW 200,000 on August 29, 2012, KRW 160,000 on August 29, 200, KRW 00,000 on KRW 160,00,00 on September 24, 200, KRW 120,000 on KRW 120,5,00 on May 120, 201, KRW 7,000 on KRW 105,00 on May 27, 2013, KRW 105,010.

[Plaintiff asserted that the balance of the construction price in the application for the payment order is KRW 491,630,000, and the Defendant also admitted it on the date of pleading on June 28, 2016 and concluded a confession during a trial. The Defendant asserts that the remainder of the construction price is KRW 150,000,000, not KRW 120,000,000, not KRW 120,000,000, the amount paid by the Defendant to the Plaintiff on November 5, 2017, the Defendant asserts that the confession is revoked by asserting that the remainder of the construction price is KRW 461,630,00. The party whose confession was revoked shall prove not only that the confession goes against the truth, but also that the confession was caused by mistake (Supreme Court Decision 94Da22897 delivered on September 27, 1994).

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