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(영문) 광주지방법원 2015.01.22 2014가합1029
공사대금
Text

1. The Defendant’s KRW 129,85,00 for the Plaintiff and KRW 6% per annum from January 9, 2014 to January 22, 2015.

Reasons

1. A special engineer (1) to provide earth and sand filled up and a principal contractor of recycled aggregate. (2) Separate waste treatment. (3) The remaining construction works except for the current construction contract quantity (602m2) shall be adjusted to KRW 1.30,000 per 1m2 square meter following the completion of construction;

(4) A drainage treatment facility separate from VAT.

A. On May 29, 2013, the Plaintiff: (a) from the Defendant on May 29, 2013, 78,260,000 won for the construction cost of the retaining wall construction works located A; (b) the construction period from May 30, 2013 to May 30, 2013.

7. By no later than 15. A contract was made on the basis of the following terms:

B. After that, the Plaintiff completed the instant construction project with a maximum height of about 5.7 meters and about 256 meters in length of retaining wall. The number of reinforced retaining wall blocks required for the instant construction works is 10,503 and 10,505 of standard-type block and reflect block (CAP), 605 of caps (CAP), and the standard-type block and reflect block requirements per square meter are 1.1 and 20.83 of caps (CAP) block.

[Grounds for recognition] A’s absence of dispute, each entry in Gap’s evidence Nos. 1 through 4, the appraiser B’s appraisal result on August 26, 2014, and the result of the complementary appraisal conducted on December 18, 2014, the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The Plaintiff asserts that the instant construction cost will be paid in KRW 139,425,00, which includes the cost incurred in addition to the initial contract.

B. According to the above fact of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff the construction cost of 139,425,000 won [[(=10,503 square meters ± 10,503 ± 11.1 ± 29 square meters / 205 ± 20.83)] x 130,00 won x 130,00 won x 1.1 (value-added tax] and damages for delay.

3. Judgment on the defendant's assertion

A. Meanwhile, according to the appraiser B’s appraisal result as of November 6, 2014, only one side of a caps block, and there occurs a gap or gap between blocks, and due to which water leakage has occurred in the vicinity of the retaining wall at the bottom of the earth, and the retaining wall at the upper bottom of the earth.

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