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(영문) 대전지방법원서산지원 2015.05.20 2013가단9101
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 11,345,800 to the Plaintiff (Counterclaim Defendant) and its related amount from May 21, 2012 to May 20, 2015.

Reasons

1. On May 17, 2012, the Plaintiff and the Defendant concluded a construction contract with the following terms and conditions (hereinafter “instant contract”).

(A) (Evidence 1) . (i.e., the name of the Corporation: The name of the Housing and the construction site in Chungcheongnam-gun of Chungcheongnam-gun: 27 square meters (p. 4,000,000 won per square), 12,000,000 won for the housing construction, and the additional construction period, respectively: The additional construction period shall be from May 17, 2012 to December 30, 2012; after entering into a contract on the change of the drawings and specifications due to the circumstances of the defendant, the plaintiff shall be notified of the change before the execution and obtain prior consent thereto.

However, the additional amount resulting from the design modification requested by the defendant will be paid by the defendant to the plaintiff, and the additional construction cost will be paid when the defendant requests a change in the design at the request of the defendant during the construction.

2. Determination as to the cause of the principal claim

A. The summary of the Plaintiff’s assertion was changed from 27 to 37.72, and the amount of housing construction work is KRW 150,880,00 (=37.72 square x 4,000,000).

At the request of the defendant, the plaintiff suffered additional construction cost of KRW 5,000,000 due to the roof flag and change.

The Plaintiff paid 3,331,200 won additional costs on behalf of the Defendant.

The Plaintiff was entitled to claim KRW 187,99,200, total construction cost of KRW 167,80,000, value-added tax of KRW 16,78,00, additional cost of KRW 3,331,20, and KRW 187,99,200.

The defendant paid 124,00,000,000 won as construction cost, and 5,00,000,000 won as construction cost.

Therefore, the defendant should pay 58,99,200 won and damages for delay to the plaintiff.

B. The Plaintiff asserts that the construction cost as a result of the increase in the building area should be calculated equally for the increased building area, as the instant contract set the construction cost of KRW 4,00,000 per square meter, and the construction cost as to the addition to Article 4 of the contract was borne by the Defendant.

The Plaintiff.

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