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(영문) 대전지방법원홍성지원 2017.10.24 2015가단10370
공사대금
Text

1. The Defendant amounting to KRW 30 million to the Plaintiff and the Plaintiff’s annual rate of 5% from November 22, 2014 to October 24, 2017.

Reasons

1. Basic facts

A. On August 2, 2013, the Defendant, as a contractor, entered into a contract with the Plaintiff (hereinafter “instant contract”) stating that the construction cost for the construction of a new site neighborhood living facility C in Chungcheongnam-gun, Hongsung-gun (hereinafter “instant building”) shall be KRW 320 million, the construction period shall be from August 20, 2013 to October 30, 2013, and the warranty liability period shall be 12 months after the completion of the construction work (hereinafter “instant contract”).

B. Around November 21, 2013, the Plaintiff completed the instant building. The Defendant paid only KRW 290 million to the Plaintiff the construction cost of the instant building from August 19, 2013 to January 28, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion and judgment 1) The plaintiff completed the construction of this case under the contract of this case. However, the defendant requested the plaintiff to purchase materials and perform part of the construction for the floor construction of the building of this case, the first floor and the third floor construction for each extension of the building of this case, and the plaintiff paid 1,8290,000 won to the defendant on behalf of the plaintiff for purchase of materials and personnel expenses. Therefore, the defendant is liable to pay to the plaintiff a total of KRW 320,000,000 won (i.e., the construction cost of this case 3220,000 won) (i., the construction cost of this case 182,90,000 won) and only KRW 290,000,000 among them, the defendant is liable to pay the plaintiff the construction price of this case - KRW 30,000,000,000,000,000 won (= KRW 3.2,000,00).

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