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(영문) 서울남부지방법원 2016.09.23 2015나5687
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On April 9, 2013, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant with the content that the Plaintiff would complete the instant construction work by setting the construction cost of KRW 55,000,00 (excluding value-added tax) and the construction period from April 9, 2013 to April 30, 2013 (hereinafter “instant construction contract”).

B. At the time of concluding the instant construction contract, the Plaintiff and the Defendant indicated the arrangement of each room and the location and number of households and attached houses based on the drawings (Evidence A1-2) of other hospitals presented by the Defendant, and discussed the instant construction project. The households, books, and shocks indicated in the drawing were purchased and set up by the Plaintiff.

C. On May 2013, the Plaintiff was closed at the construction site of this case, and the Defendant transferred the instant hospital, and commenced business on May 20, 2013.

The defendant paid only KRW 47,00,000 among the construction cost of this case to the plaintiff, and the remaining KRW 8,000,000 is not paid to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, each entry of Eul evidence 34, the purport of whole pleadings

2. Determination on the cause of the claim

A. According to the facts of the above recognition of the claim for the unpaid construction cost, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 8,000,000 and the delayed payment damages, except in extenuating circumstances.

B. (1) The judgment on the claim for additional construction costs is as follows: ① removal work 1,187,50 won; ② removal work; ② internal light-weight construction; internal timbering construction; internal string construction; internal string construction; internal film construction; ③ sanitary installation (additional installation of hot boiler) KRW 730,000; ④ sanitary installation (additional installation of hot boiler) KRW 2,960,000; ⑤ Cooperative equipment joint installation work (additional name and exchange equipment installation) upon the Defendant’s design change and additional construction.

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