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(영문) 광주지방법원 2015.08.13 2014가단509151
공사대금
Text

1. The Defendant’s KRW 40,275,989 as well as the Plaintiff’s annual rate from January 1, 2014 to August 13, 2015.

Reasons

Facts of recognition

On November 16, 2012, the defendant purchased three-story buildings from Gwangju Dong-gu C ground reinforced concrete structure sloping roof from November 16, 2012 and completed the registration of ownership transfer on March 19, 2013.

Since then, the defendant decided to extend the second and third floors of the above building, and ordered the above extension work to the construction company.

The above construction company suspended the above construction work, and the defendant was introduced to the plaintiff while he was aware of another construction company.

On September 28, 2013, the Defendant concluded an agreement with the Plaintiff on September 28, 2013, to settle input construction costs after completion of the construction work, while entering into a contract for construction of steel-frame and board, reinforced concrete construction works, etc. (hereinafter “instant construction”).

The Plaintiff completed the instant construction work around December 2013.

According to the appraisal results of appraiser D’s appraisal of construction costs, the construction costs required for the instant construction are KRW 50,672,890 in the calculation of indirect costs based on the cost rate based on the government-standard unit unit (= KRW 34,308,156 in the cost of concrete construction costs of KRW 16,364,734 in the cost of steel frame and board construction). If the Plaintiff calculates indirect costs based on the ratio of indirect costs based on the estimate prepared by the Plaintiff at the time of the instant construction work, KRW 45,135,439 in the calculation of indirect costs (= KRW 30,669,245 in the cost of steel frame and board construction, KRW 14,46,194 in the cost of concrete construction works).

According to the appraisal results of appraiser D, the number of indoor toilets and living rooms in the building owned by the defendant, and the number of damp-proof pollutions in the wall of the second floor living room is shown in the above building owned by the defendant, and the cause is presumed to be due to the leakage of the facility pipes such as excellent water or water supply and drainage.

In addition, according to the results of the above appraisal, it was determined that the defects of water height, concrete cracks, and scams in the balcony part of the instant construction, and the defects of the outer wall sand site were found to exist in the sand site of the outer wall, and balcony.

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