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(영문) 서울중앙지방법원 2020.04.21 2017가단5175663
공사대금
Text

1. The Plaintiff (Counter-Defendant) joints with the Defendant (Counterclaim Plaintiff) KRW 79,759,866 and its related amount from October 23, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On October 31, 2016, the Plaintiffs entered into a contract with the Defendant and Seo-gu Incheon, under which the construction of a new house (hereinafter referred to as “instant construction”) was to be awarded a contract for the construction period from November 2016 to April 25, 2017, with the construction cost of KRW 450,000 (hereinafter referred to as “instant contract”).

After completing the instant construction, the Plaintiffs drafted a written agreement with the Defendant on June 5, 2017, stipulating that the additional construction cost shall be KRW 87,000,000,000, and that the remainder of the construction cost under the instant contract shall be KRW 30,000 (hereinafter “instant intermediate agreement”).

The Plaintiffs received KRW 420,000,000 from the Defendant before completion of the instant construction work, and KRW 70,000,000 after completion of the instant construction work, respectively, as the construction cost and the additional construction cost.

[Ground of recognition] The plaintiffs' assertion as to the claim of main lawsuit as to Gap's evidence Nos. 1 through 5, and the purport of the argument as to the claim of main lawsuit, is examined in order to seek to the defendant the remainder of 30,000,000 won for the construction work of this case, additional construction cost of 87,00,000 won for additional construction cost, 23,904,000 won for the preparation of design drawings, 27,50,000 won for the removal of stairs and reconstruction cost, design drawing cost of approval for use, 7,00,000 won for the design drawing cost of this case, and 33,70,000 won for the non-taxation of value-added tax on the construction work cost of this case and additional construction cost of this case, and damages for delay as the main lawsuit.

According to the above facts, the defendant is obligated to pay the plaintiffs the unpaid construction cost of KRW 30,00,000,000 among the construction cost under the contract of this case and the additional construction cost of KRW 87,00,000,000 under the interim agreement of this case, and the remainder of KRW 47,000,000, which is the remainder after deducting the already paid KRW 70,000 from the additional construction cost of KRW 87,000.

The repreparation cost of the design drawing No. 1 shall be the same.

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