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(영문) 수원지방법원 2018.05.31 2017가단523630
공사대금
Text

1. The Defendant’s KRW 15,050,00 for the Plaintiff and 5% per annum from January 1, 2017 to May 31, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff, among the new construction works of ground neighborhood living facilities B in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, was awarded a subcontract for construction works with 45 million won (excluding value-added tax).

B. During the construction process, the Defendant requested the Plaintiff to perform additional construction works, and the Plaintiff invested various equipment, materials, human resources, etc. to perform the additional construction works.

C. On December 25, 2016, the Plaintiff completed the instant construction work and the additional construction work, and completed the work at H-be. D.

As the instant construction cost, the Defendant paid the Plaintiff KRW 4,675,00,000 on October 1, 2016, KRW 1550,000 on the 15th of the same month, KRW 5 million on the 17th of the same month, KRW 3 million on the 26th of the same month, and KRW 3 million on the 313 million on the 31st of the same month.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. (1) On December 2016, 2016, after the Plaintiff’s assertion was completed, the Defendant and the additional construction cost are settled at 2,6750,000 won (excluding value-added tax), and the Plaintiff agreed to pay it by December 31, 2016.

However, since the defendant paid only 46750,000 won of the total construction cost (45 million won, 26750,000 won, and each value-added tax separately), he/she is obligated to pay the remainder of the construction cost.

(2) It is only the fact that the Defendant’s assertion reached an agreement on the construction cost of KRW 23 million with the Plaintiff.

The Defendant, as a partner of the Plaintiff, paid the total of KRW 13 million in addition to the amount of repayment recognized prior to the payment.

Therefore, if the total construction cost of 68 million won (45 million won) is deducted from 59750,000 won (4675,000 won) already paid, the remaining construction cost is only 8.25 million won.

Furthermore, the amount should also be reflected in the Plaintiff’s delay of construction or defect in construction, resulting in a loss of 4 million won.

B. The Plaintiff is the Defendant and the amount of the additional construction cost.

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