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(영문) 대구지방법원 2015.06.24 2014나19088
공사대금
Text

1. Of the judgment of the first instance court, KRW 2,825,013 against the Plaintiff and its related thereto, from June 8, 2013 to June 24, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On January 2013, the Plaintiff entered into a contract with the Defendant under which the Daegu-gun District Construction Corporation (hereinafter referred to as the “instant new factory”) will receive a contract for construction cost of KRW 152,00,000 for the said construction work (hereinafter referred to as the “instant construction contract”).

B. The above construction cost of KRW 152,00,000 was the total amount of KRW 145,000,000 for the main construction including wall and gate (hereinafter “the instant construction”) and KRW 7,00,000 for the factory and math floor air-conditioning (hereinafter “the instant construction”). However, while the instant construction is underway, the Plaintiff and the Defendant decided to exclude the instant floor air-conditioning construction from the instant construction under an agreement, and added KRW 1,80,000 for the construction cost of drain pipes and KRW 500,00 for the ment of floor (hereinafter “the instant construction”).

(hereinafter referred to as “the foregoing Additional Construction”) shall be the instant Additional Construction. (c)

The Plaintiff completed the instant principal construction and additional construction around the end of April 2013, and the Defendant obtained approval for use on May 6, 2013.

The Defendant paid to the Plaintiff KRW 500,000 as the instant principal construction cost, KRW 130,000 as the additional construction cost, and KRW 15,000 as the remainder of the principal construction cost and KRW 1,800,000 as the additional construction cost until now.

E. Meanwhile, the Plaintiff received KRW 1,00,000 from the Defendant as interest title for the loan, and paid KRW 639,013 as interest interest on the loan on March 21, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that all of the main construction works and additional construction works under the instant construction contract were completed.

However, the defendant paid to the plaintiff only KRW 130,00,000 out of the principal construction cost of this case and KRW 500,000 out of the additional construction cost of this case, and the plaintiff.

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