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(영문) 제주지방법원 2015.10.13 2014가단8706
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 17,766,603 to the Plaintiff (Counterclaim Defendant) and its related amount from July 2, 2014 to October 13, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 23, 2013, the Plaintiff received the construction cost of KRW 120 million from the Defendant for the construction of the C coffee shop building (hereinafter “instant construction”) from the Defendant (i.e., the household corporation set the construction cost of KRW 4 million for the cryp and the cryp construction cost of KRW 4 million) and the construction period from July 17, 2013 to September 30, 2013; and (ii) completed the instant construction and obtained the construction completion permission on November 18, 2013, and then received KRW 100 million out of the construction cost until then.

B. During the construction process, the Plaintiff installed an indoor resting room at the Defendant’s request. The additional construction cost therefrom is KRW 1,648,548, and the construction cost was added to the front part of the building for design modification by using steel pipes and lumber, and installing and sealing a Capital, and the additional construction cost therefrom is KRW 2,33,281. The additional construction cost therefrom is KRW 2,33,281. In addition, when applying 87.5% of the successful bid rate at the time of the tender for the construction ordered by the government after adding indirect labor cost, expenses, general management cost, profits, and value added tax, the total construction cost in the instant construction is KRW 4,81,890.

C. The part of the instant construction works, different from the design drawing, that had been executed or had not been performed, is ① a dynamic tetra with a width of 1.3m, not a width of 2m, ② a north tetra with a width of 1.3m, ③ a tetra with a diameter of construction, ④ an outside bed, ④ an outside bed, ⑤ an inner bed part, ⑤ a main bed part, and a part inside the installed toilet with a width of 6,132,087, in total, costs for installation as in the design drawing are KRW 6,132,087.

After the construction of this case, there are defects in rainwater in a rupture due to rupture in the door door, the north door door, the main door wall, the west door wall, and the Dong door, and the repair cost is 4,633,200 won in total.

E. The Defendant, among the instant construction projects, demanded the Plaintiff to perform additional construction, such as the receipt site for the Washington, etc., and ordered the Plaintiff to settle the additional costs. Accordingly, the Plaintiff had to perform additional construction as well as the original construction.

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