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(영문) 울산지방법원 2018.06.21 2018가단809
공사대금
Text

1. The Defendant’s KRW 78,500,000 as well as the Plaintiff’s annual rate of KRW 6% from June 10, 2017 to May 8, 2018, and the following.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A through 5 and the purport of the entire pleadings.

A. On October 25, 2016, the Plaintiff, a merchant, was awarded a contract with the Defendant for construction cost of KRW 440,000,000 (excluding value-added tax) for the portion of the original construction work among four new construction works among the four multi-family housing units on land outside Ulsan-gu, Ulsan-gu, and two lots (hereinafter “instant multi-family housing”).

B. By February 28, 2017, the Plaintiff completed the part of the Changdong and G Dong Construction Project (hereinafter “instant construction”) among the instant multi-family housing, and the Defendant obtained approval for the use of the said two units on March 20, 2017.

C. On May 24, 2017, the Plaintiff and the Defendant paid the Plaintiff the construction cost of KRW 208,500,000 (excluding value-added tax) as the instant construction cost until June 9, 2017, and concluded that the Plaintiff did not enter into a settlement agreement that the remainder of the two colonies except Fdong and Gdong among the instant multi-family housing, excluding Fdong and G Dong.

The Defendant paid the Plaintiff KRW 130,000,000, out of the construction cost of this case 208,500,000, to the present day.

2. Determination

A. According to the above basic facts as to the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 86,350,000 (i.e., value-added tax equivalent to the amount payable for the construction cost of this case, KRW 78,50,000, as claimed by the Plaintiff, and damages for delay.

B. The Defendant’s assertion 1) The Defendant paid the Plaintiff the construction cost of KRW 130,000,000 as the instant construction cost, in addition to the payment of KRW 270,000 to the Plaintiff, the Defendant’s assertion as to the Defendant’s defense was made in accord with the Defendant’s collective housing H.

B) The Plaintiff did not construct the instant multi-family housing Fdong and G Consent Network construction. The Plaintiff spent KRW 10,000,000 for the cost of installing the network. Moreover, the Plaintiff did not pay KRW 5,000,000 for the cost of treating defects. Accordingly, the Plaintiff’s construction cost of KRW 15,00,000 for the instant construction cost (i.e., the response network).

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