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(영문) 광주지방법원순천지원 2019.07.04 2017가단4465
공사대금
Text

1. The Defendant’s KRW 61,809,000 as well as 5% per annum from November 30, 2016 to July 4, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On May 24, 2016, the Plaintiff was awarded a contract from the Defendant for the construction of the second floor neighborhood living facilities (hereinafter “instant construction”). The contract amount is KRW 218,400,00,000, while the Plaintiff received a contract for the construction of the second floor neighborhood living facilities (hereinafter “the instant construction”). The Plaintiff received some of the basic construction works and the construction of each floor at the time of completion of the construction, and the remainder was paid after completion.

B. On May 24, 2016, the Plaintiff commenced the instant construction project. The Defendant, among the design drawings, changed the structure of the main and multi-purpose part of the first floor, and the second floor room and the toilet part (hereinafter “instant design change”), unlike the design drawings, demanded the installation of a wooden floor on the part of the first floor, the installation of a pipe facility on the part of the main and main conduits, the additional installation of the part of the second floor part, and the alteration of the outer wall from the stude to the math of stone, respectively. ③ The construction of the retaining wall on the boundary of the building not included in the instant construction contract, concrete packing work on the part of the building, concrete packing work on the back of the building, the installation of brick fences on the part of the outside stairs, and the construction of each relevant artificial structure on the part of the building, and the subsequent construction was conducted.

(hereinafter collectively referred to as “the instant additional construction”). (c)

around November 2016, the instant construction was completed, and the completion inspection was conducted on November 29, 2016, and on December 6, 2016, approval for use for new buildings was made.

The Defendant paid only 170,000,000 won out of the construction cost of the instant case to the Plaintiff, and refused to pay the remainder, including the additional construction cost.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 18, Eul evidence Nos. 4 and 5 (including additional numbers), witness D's testimony, appraiser E's appraisal of construction cost, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above fact of recognition as to the unpaid construction price out of the 1st contract price as to the cause of claim, the defendant is out of the contract price to the plaintiff.

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