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(영문) 인천지방법원 부천지원 2018.08.13 2017가단106314
공사대금
Text

1. As to KRW 52,158,00 and KRW 43,249,00 among them, the Defendant shall pay to the Plaintiff the year from June 24, 2017 to August 13, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a construction business operator, and the Defendant is the owner of the land, its ground store and the second floor building for the purpose of housing in Kimpo-si (hereinafter “instant building”).

B. On February 2, 2017, the Plaintiff and the Defendant concluded a contract for substantial repair construction (hereinafter “instant construction contract”) with respect to the instant building on the following terms and conditions (hereinafter “instant construction contract”)

- A construction period: - Upon the commencement of February 10, 2017 / completion of April 10, 2017 - Construction cost of KRW 110,00,000 (excluding value-added tax) - No additional construction shall be added at the time of the occurrence of any project without any item in a estimate, and no additional construction shall be added.

C. From February 10, 2017 to April 27, 2017, the Plaintiff carried out the instant construction project and the additional construction in the said process (hereinafter “instant additional construction”). D.

The Defendant paid KRW 86,00,000 to the Plaintiff out of the construction cost of the instant case.

E. There was a dispute between the Plaintiff and the Defendant as to whether construction works under the instant construction contract were completed, whether construction works implemented by the Plaintiff were defective, and whether the instant additional construction costs were recognized.

F. According to the appraiser D’s appraisal result, the details of the instant additional construction work are as stated in the attached Form No. 34,727,00 won in total (based on net construction cost, general management cost, profits, and value added tax).

G. According to the appraiser D’s appraisal result, the details of defects (including defects) arising from the Plaintiff’s construction work are as stated in the attached Form, and the defect repair cost is a total of KRW 15,169,000 (based on net construction cost, general management cost, profits, and value added tax).

[Ground for Recognition: Facts without dispute; entries or images of evidence A1 through 5 (including paper numbers); the result of appraiser D’s appraisal; the purport of the whole pleadings]

2. The defendant's obligation to pay construction expenses

A. According to the above facts, the defendant's construction cost of KRW 52,158,00 and damages for delay for this amount shall be paid to the plaintiff.

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