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(영문) 대구지방법원경주지원 2016.05.20 2013가단8291
공사대금
Text

1. The Defendant’s KRW 29,988,800 for the Plaintiff and 5% per annum from November 29, 2013 to May 20, 2016.

Reasons

1. Basic facts

A. On February 6, 2013, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant, a project owner, to newly build two-story detached houses (hereinafter “instant housing”) on the ground of 227 square meters in Sejong-si, Daejeon-si, and the construction period from February 18, 2013 to June 28, 2013 on the date of the commencement of construction work; the contract amount is KRW 240 million (10 million on the date of commencement of construction; 30% on the date of completion of construction; 50% on the date of completion of construction of the aggregate; and 50% on the date of completion of construction).

B. The Plaintiff completed the construction of the instant housing and obtained approval for use on October 15, 2013.

C. The Defendant paid to the Plaintiff KRW 96 million on February 7, 2013 as down payment and advance payment, and KRW 60 million on May 31, 2013 as part payment, and KRW 30 million on July 3, 2013 as part payment.

【Facts without dispute over the ground for recognition, entry of Gap evidence 1 through 6 (including additional number), the purport of whole pleadings

2. Judgment on the plaintiff's claim for the payment of construction price

A. The summary of the Plaintiff’s assertion is KRW 54 million for the payment of the construction cost under the instant construction contract (i.e., KRW 240 million - KRW 96 million - KRW 60 million - KRW 30 million), KRW 1950,00 for the additional construction cost (i.e., KRW 5., KRW 5.6 million for the installation of fences and concrete strawing construction cost) (i.e., KRW 5., KRW 550,00 for the installation of fences and concrete strawing construction cost), KRW 2506,60 for the payment of the construction cost by subrogation (i.e., KRW 1,406,60 for cadastral surveying cost, KRW 50,00 for the total amount of KRW 68,456,600 for the construction cost of KRW 500,000 for cadastral surveying cost).

B. 1) According to the judgment on the part concerning the claim for additional construction cost, and the statement in Gap evidence 8, the Plaintiff is required to fill the earth-raising work, fence and marina work, and landscape construction work (hereinafter “embanking construction work, etc.”).

1,950,00 won at cost.

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