(영문) 대구지방법원 안동지원 2018.03.13 2016가단448

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(영문) 대구지방법원 안동지원 2018.03.13 2016가단448

공사대금

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1. The Defendant’s KRW 26,008,560 for the Plaintiff and KRW 5% per annum from December 30, 2015 to March 13, 2018.

Reasons

1. Facts of recognition;

A. A. Around August 2015, the Defendant concluded a contract with the Plaintiff for the new construction of the land farming house C (hereinafter “instant housing”) located on the land (hereinafter “instant construction”) located on the basis of KRW 111,80,000 for the construction cost (the remainder of KRW 10 million, the remainder of KRW 110,880,000 for the construction cost, and the remainder of KRW 60,000 for the remainder of KRW 11,80,000 for the construction cost).

(A) The contract of this case refers to the following: (a) the contract of this case refers to other matters; and (b) the project owner bears additional burden on additional materials other than the items specified in the estimate for construction cost calculation, other than the contract amount. All ownership of the construction materials shall be the Plaintiff before the full payment of the construction cost is made; (c) the attached matters include the following: (a) the deposit of KRW 10 million on August 19, 2015; (b) the written estimate is made under the condition that the subsequent modification of the drawing is different from the present drawing (the date on which the contract payment is made); and (c) the construction progress is to proceed with the construction project by the modified drawing (in lieu of the written estimate); and (c) the warranty period includes the content that the Plaintiff’s defect due to an objective obvious fault.

B. The Plaintiff completed the instant house around December 2015, and the Defendant completed the registration of initial ownership on December 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. 1) According to the above facts of recognition as to the claim for the payment of the unpaid construction cost, the defendant is obligated to pay the unpaid construction cost of KRW 58 million as requested by the plaintiff, unless there are other special circumstances against the plaintiff.

B. As to this, the Defendant agreed to pay the balance after completion, and as such, it cannot be deemed that the due date for the payment of the construction cost has arrived.

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