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(영문) 수원지방법원평택지원 2016.11.02 2015가단10115
공사대금
Text

1. The Defendant’s KRW 40,824,827 as well as the Plaintiff’s KRW 6% per annum from August 18, 2015 to November 2, 2016.

Reasons

1. Basic facts

A. On December 13, 2014, the Plaintiff entered into a contract with the Defendant to receive a contract for construction cost of KRW 350 million (excluding value-added tax) from December 14, 2014 to February 14, 2015 (hereinafter “instant contract”).

B. The Plaintiff carried out construction immediately after the conclusion of the instant contract, and completed the construction completion work on March 2015, and delivered the instant building to the Defendant.

C. Meanwhile, the Defendant paid the Plaintiff the total amount of KRW 363 billion to the construction cost.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above findings of determination on the unpaid construction price, the Defendant is obligated to pay the Plaintiff the unpaid construction price of KRW 22 million, including value added tax, (i.e., KRW 385 million - KRW 363 million).

B. 1) The Plaintiff’s assertion on the additional construction cost is the Plaintiff’s assertion part of the additional construction cost, excluding the additional construction work indicated in the attached Table Nos. 1 through 5, 8, 9, and 10 in the attached Table Nos. 1 through 8, 9, and 10 in the course of the construction work, such as the alteration of the rooftop waterproof level, the addition of front strikes, the alteration of columns, the change of underground floor distribution, and the alteration of the first floor beams at the Defendant’

The Plaintiff and the Defendant entered into force. On January 12, 2015, the Plaintiff and the Defendant agreed to the additional construction cost of KRW 16.5 million (including value-added tax) with respect to the portion of the additional construction work other than the appraisal of the instant case and the portion of the additional construction work other than the appraisal of the instant case. As a result of the appraisal, the construction cost for the additional construction work described in the table Nos. 1 through 5, and Nos. 8 are KRW 62,20,570 where value-added tax is included, the Defendant is obligated to pay the Plaintiff the total amount of the said additional construction cost. 2)

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