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(영문) 광주지방법원 2017.08.16 2017가단11488
공사대금
Text

1. The Defendant’s KRW 7,292,00 and the Plaintiff’s annual amount of KRW 5% from May 18, 2017 to August 16, 2017.

Reasons

1. Basic facts

A. On the ground of Gwangju Northern-gu B, the Defendant owned, the Plaintiff entered into an oral contract with KRW 100,000,000 for construction cost, and completed the instant construction on March 10, 2015, on the ground of which the construction work was completed on March 10, 2015.

(hereinafter referred to as the “instant construction”) b.

The Plaintiff received KRW 92,708,000 as the construction price of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff concluded a contract with the Defendant for the instant construction work amounting to KRW 100,000,000, and received only KRW 92,708,000 among the construction cost.

B) After consultation with the Defendant, the Plaintiff incurred additional construction costs of KRW 34,760,00 in total, including basic construction, structural construction, ancillary civil construction, and Cheong Ho Ho Construction, etc.) Accordingly, the Defendant should pay to the Plaintiff the amount of KRW 7,292,00 (i.e., the agreed construction cost of KRW 100,000,000 in total, KRW 92,708,000 in total, and KRW 34,760,000 in total, as well as KRW 42,052,00 in total, and delay damages therefrom.

2) It is true that the Plaintiff and the Defendant concluded a construction contract with respect to the instant construction work in KRW 100,000,000, and the Plaintiff performed the instant construction work, and the Defendant paid KRW 92,708,000 to the Plaintiff out of the instant construction cost, and there remains KRW 7,292,000 payable to the Plaintiff.

B) However, the instant construction works have a lot of defects such as floor foundation works, warehouse walls construction works, 40 biters’ use of low-quality materials, and waste disposal due to the failure to dispose of waste, and thus, the Defendant has to enter the cost of repairing defects more than the unpaid construction cost. (C) The Defendant did not agree to the additional construction cost with the Plaintiff.

B. Judgment on the ground of the Plaintiff’s claim

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