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(영문) 전주지방법원군산지원 2017.09.29 2015가합283
공사대금
Text

1. The Defendant’s KRW 150,278,762 as well as the Plaintiff’s annual rate of 5% from April 1, 2015 to September 29, 2017.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) and the Defendant’s contract for the new construction works for the Yang Doz. 1) run the construction business with the trade name “E” in Gunsan-si, and on March 19, 2014, the F Yang Do-gun, Chungcheongnamcheon-gun (hereinafter “instant Yang Do-gun”).

) New construction works (hereinafter referred to as “new construction works in the instant case”).

(1) The construction period is fixed from April 1, 2014 to May 31, 2014, and the construction amount is KRW 700 million (value-added tax shall be separately treated). Of the construction amount, KRW 200 million is the contract deposit when the contract is concluded, and KRW 500 million is the contract deposit to be paid each after the completion of the construction work (hereinafter “instant contract for construction”).

(2) In concluding the instant construction contract, the Deceased and the Defendant concluded the instant construction contract, “The details of the construction work are equivalent to the estimates attached thereto, and the Defendant, the owner of the construction, guarantees the payment of materials cost, such as the board, steel structure, and ready-mixed, and the matters not specified in the instant construction contract are in accordance with ordinary practices.”

According to the estimate and the detailed statement of construction cost attached to the instant construction contract, the construction cost of KRW 700 million is KRW 221,579,394 (Evidence 1-2) (A), while the written estimate (Evidence 1-2) states “21,579,394 won for the primary steel bars,” according to the construction cost statement (Evidence 1-3), the total construction cost for the primary steel bars is KRW 72,010,000, and approximately KRW 132,128,00 if the price is calculated at the usual price (= KRW 72,010,000,000, KRW 545, and KRW 132,128,000, KRW 545, and KRW hereinafter the same shall apply).

The sum of the basic construction costs of 1,677 square meters in total is indicated as 221,579,394. As such, 221,579,394 won in total appears to be the basic steel-based construction cost of the entire bilateral center of this case. ② The sum of 198,16,800 won in the construction cost of the joint center of this case (total quantity of 8,616 square meters) and ③ the aggregate of 272,817,444 won in the steel-frame of this case, and 1% in general management expenses, 7,436,362 in total.

3 The Deceased.

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