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(영문) 수원지방법원 2017.11.02 2016가단518051
공사대금
Text

1. The Defendant’s KRW 5,546,693 as well as 6% per annum from December 6, 2014 to November 2, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On March 21, 2014, the Plaintiff received a contract by designating the construction cost of the new construction of the land neighborhood living facilities and housing units B (hereinafter “instant building”) from the Defendant as KRW 670,00,000 (including value-added tax) for the construction cost of the new construction of the instant building.

(hereinafter “instant construction contract”). B.

After completing the instant construction, the Plaintiff obtained approval for the use of the instant building from the Sungsung market on December 5, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact that the Plaintiff completed the instant construction work in accordance with the instant construction contract, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of KRW 50,000,000,000, excluding the amount of KRW 620,000,000 paid to the Plaintiff out of KRW 670,000,000, which was paid by the Plaintiff.

B. The plaintiff's assertion 1) The plaintiff asserts that the additional construction cost of KRW 37,400,000 for the instant construction project was completed, and the defendant is obligated to pay the plaintiff KRW 37,400,00 for the additional construction cost. Accordingly, the defendant did not agree with the plaintiff about the additional construction project except that the defendant agreed to pay the plaintiff KRW 1,80,000 for the additional construction cost for the 2,3 floor warehouse, and door doors, and the additional construction cost claimed by the plaintiff is included in the instant construction cost or the plaintiff voluntarily modified and constructed. Thus, the plaintiff's claim cannot be complied with. 2) The judgment is proved to the purport that the plaintiff's claim cannot be accepted, taking into account each film of the instant construction cost, the result of the on-site verification by the appraiser C, the result of the appraiser C's appraisal and supplementary appraisal result, and the purport of the whole argument as a result of the appraisal and supplementary appraisal, and as a matter of principle, the construction cost under the design change.

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