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서울북부지방법원 2020.01.09 2018가합26585

1. Defendant B’s KRW 69,654,690 as well as 6% per annum from June 6, 2017 to January 9, 2020, respectively, to the Plaintiff.


1. Basic facts

A. On May 30, 2016, the Plaintiff (formerly: D) who is a company engaging in the construction business, etc. as its main business, was awarded a contract with Defendant B for the construction of the E-based loan from Defendant B to October 10, 2016 for the construction period (hereinafter “instant construction”) of the construction cost from June 1, 2016 to October 10, 2016, the construction cost of KRW 976,500,000, the construction cost of KRW 930,000,000, the value of value-added tax of KRW 50%, among value-added tax of KRW 930,50,000,000, and the rate of liquidated damages for delay as “legal”

(hereinafter “instant contract”). (b)

On October 7, 2016, the Plaintiff and Defendant B concluded a modified contract with the content that the completion date of the instant construction was changed to December 20, 2016.

(hereinafter “instant modified contract”). C.

After the Plaintiff completed the instant construction, the Plaintiff obtained the approval for use on June 5, 2017, i.e., loan newly constructed through the instant construction.

Meanwhile, from June 1, 2016 to October 28, 2017, Defendant B paid a total of KRW 793,385,310 to the Plaintiff as construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 5, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s claim completed construction under the instant contract, and completed additional construction works, such as the removal of basic structures, the reinforcement soil works, the installation of boiler rooms, and the hallway expansion works, which were not included in the instant contract.

Therefore, the Defendants, a contractor under the instant contract, are jointly and severally liable to pay to the Plaintiff the construction cost of KRW 976,50,000 under the instant contract and the construction cost of KRW 1,017,450,00 for additional construction work, plus KRW 793,385,310 for a person who was paid by the Plaintiff, as well as KRW 224,064,690, and damages for delay.

3. Determination on the cause of the claim

A. As to the claim for construction cost due to the additional construction work for the determination of the claim against Defendant B, this part of the claim for the construction cost due to the additional construction work shall be considered first.

The plaintiff.