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(영문) 대전지방법원 2016.06.08 2014가합7470
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 33,902,780 to the Plaintiff (Counterclaim Defendant) and its related amount from March 14, 2014 to June 8, 2016.

Reasons

The plaintiff is a company whose business purpose is construction business, civil engineering construction business, etc., and the defendant is the owner of the land located in Daejeon Seo-gu C.

Standard contract for private construction works

3. Date of commencement: October 4, 2013.

4. Date scheduled for completion: March 12, 2014.

5. Contract amount: 343,028,400 won (value-added tax): 131,934,000 won (value-added tax): 13,193,400 won (value-added tax): 197,901,00 won (value-added tax); and

6. Contract bond: The rate of warranty bond for defects of 34,302,840 won for each type of work and the amount of warranty bond for defects of 343,028,40 won for each type of work (3) 10,290,852 won for defects of 10. 10. 10. 10. 10. 1/100 of the contract amount for delay: the Defendant, on October 1, 201, ordered to construct neighborhood living facilities and multi-family houses (hereinafter “instant building”) on the said land (hereinafter “instant construction”) and ordered the Plaintiff to construct a new building (hereinafter “instant construction”).

The main contents of the contract document prepared on the same day (Evidence A 1-1, hereinafter referred to as the "instant contract document") are as follows:

The instant construction was completed around March 13, 2014.

[Based on recognition] In concluding the instant contract with the Defendant, the Plaintiff’s assertion that there was no dispute, as to the Plaintiff’s ground of claim as to the entry of Gap evidence No. 1-1, and the purport of the entire argument, the Defendant agreed to additionally receive KRW 100,568,496 of the indirect construction cost, such as industrial accident insurance premium, employment insurance premium, construction management fee, etc., in addition to the construction cost under the instant contract.

In addition, 60,747,373 won was incurred according to the change of the design at the request of the defendant and the implementation of the additional construction.

After the completion of the new construction of this case, 1,105,00 won (including value-added tax) was incurred for the construction of the reinforcement floor upon the defendant's request.

2. The Plaintiff

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