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(영문) 광주지방법원 2015.08.20 2013가단72393
공사대금
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 3,646,560 to the Plaintiff (Counterclaim Defendant) and its related amount from January 7, 2014 to August 20, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

As a result of the initial contract for construction works and the appraisal of construction costs, the Plaintiff was awarded a contract from the Defendant for construction works on the repair of the Defendant’s school building (including construction works on the 2,3rd floor rail, installation works on the 2,3rd apartment corridor rail, toilet, etc., construction works on the 4th toilet disabled person, etc., hereinafter “the first construction works”) with the price of KRW 209,315,00 (excluding value-added tax) and the period from January 18, 2012 to February 29, 2012.

The plaintiff completed most of the construction works except installation works of wheelchairss for the disabled, who installed convenience facilities for the disabled, during the contracted construction works.

The construction cost for the construction works performed by the Plaintiff was assessed as KRW 185,51,480 when the unit price is based on the results of appraisal, and KRW 223,507,50 when the government standard pumum is based on the unit price.

The appraiser calculated 167,128,020 won as a reasonable construction cost.

As a result of the primary construction contract and the appraisal of construction costs, the Plaintiff received from the Defendant a contract with the period from February 2012 to February 29, 2012 for the additional construction works for the repair of the Defendant’s school building (such as 1, 2, waterproof construction, painting construction, removal of the third cafeteria floor, etc., installation of a tent, installation of an excellent corridor, replacement of an excellent corridor, construction of a playground parking lot, roof board construction, one-dong outer wall cutting construction, hereinafter referred to as “the primary additional construction”) to KRW 126 million in consideration of the price and the period from February 1, 2012 to February 29, 2012.

Since then, the plaintiff completed the contracted construction work.

The construction cost for the construction works performed by the Plaintiff was assessed as KRW 117,190,300 when the unit price is based on the results of the appraisal, and KRW 123,863,370 when the government standard pumum is based on the unit price.

The appraiser calculated 105,966,000 won as an adequate construction cost.

As a result of the contract of the second additional construction and the appraisal of construction costs, the Plaintiff installed additional construction from the Defendant on March 2012 for the main repair of the Defendant’s school building in the first floor rainwater inflow prevention room and the third cafeteria toilet change.

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