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(영문) 대구지방법원 2014.02.21 2012가합4453
공사대금등
Text

1. The Defendant’s KRW 19,194,60 for the Plaintiff and KRW 5% per annum from May 4, 2012 to February 21, 2014.

Reasons

1. Determination as to the claim for construction price

A. Basic facts 1) On February 22, 2011, the Plaintiff determined the construction cost of KRW 775,500,000 (excluding value-added tax) between the Defendant, the owner of the building, and the Plaintiff determined the construction cost of KRW 775,50,00, and the Plaintiff newly built the multi-family house with 19 households, two and nine units on the ground, other than Gyeongbuk-gun, Seongbuk-gun, Seongbuk-gun, and the said newly built construction work “the instant multi-household house.”

) A contract for construction works to be entered into (hereinafter “instant construction contract”)

(2) On March 22, 2011, the Defendant agreed that the civil engineering works among the instant construction works will be awarded KRW 30,000,000 of the construction cost (hereinafter “instant construction contract, etc.”)

(2) The Plaintiff received a total of KRW 371,00,000 for the instant construction work from the Defendant from April 6, 201 to November 201, since the commencement of the instant construction work around April 6, 2011.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, Eul evidence Nos. 1, 13, Eul evidence No. 14-1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

B. The plaintiff's assertion 1) The construction of this case was suspended on or around August 201, as the defendant did not pay the construction cost to the plaintiff while the plaintiff completed the framework construction of this case among the construction of this case, and the construction of this case was being performed through the subcontractor. The defendant paid the subcontractor the construction cost and completed the remaining interior and exterior construction, etc., by resumption of the construction of the interrupted construction. This is merely the plaintiff's subcontractor's performance of construction of the remaining part of the construction of this case. Thus, it is nothing more than the plaintiff's duty to complete the construction of this case against the defendant. Accordingly, the plaintiff completed the construction of this case.

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