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(영문) 대구지방법원경주지원 2014.09.23 2013가단8543
공사대금
Text

1. The Defendant’s KRW 71,550,000 as well as 6% per annum from November 16, 2013 to September 23, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 22, 2013, the Plaintiff was awarded a contract with the Defendant for the installation of reinforced soil retaining walls (hereinafter “instant construction”) among the construction of tourist fences located in Ulsan-gun A, Ulsan-gun (hereinafter “instant construction”).

Construction amount: 65,00,000 won (excluding value-added tax 6,50,000 won): The Plaintiff shall pay materials and personnel expenses from May 7, 2013 to July 30, 2013; and the Defendant shall supply equipment, soil and aggregate.

Special Conditions - B(Plaintiffs)’ material(s) shall be adjusted at the time of completion by applying the contractual unit price when there is an increase or decrease in the volume of construction works at a place designated by Party A(Defendant)(s).

On the other hand, 65,00,000 won of the construction cost, other than the value-added tax, is the amount calculated by deducting the amount of 65,625,00 won (=525 square meters x 125,000 square meters x 45,000 square meters, 40,000 square meters, and 40,000 square meters in order of the contractual unit price of the materials reinforced block and Dogglass, supplied to the construction site by the Plaintiff, by the amount of 65,625,00 square meters (4,000 square meters x 525 square meters x 125,000 (40,000)) multiplied with the initial estimated construction cost by 525 square meters.

B. Since then, the Plaintiff and the Defendant visited the construction site of this case and confirmed that the topography differs from that of the instant construction site according to the design drawing, and the Defendant’s B requested the Plaintiff to perform construction work according to the actual topographical features.

[Defendant asserts to the effect that the Plaintiff did not request that materials be supplied or constructed in excess of the originally agreed quantity. However, the witness C’s testimony that seems consistent is difficult to believe it as is, and there is no other evidence to prove the facts alleged by the Defendant. Rather, on September 30, 2013, the Plaintiff excluded the Defendant from value-added tax, as of August 30, 2013, totaling KRW 119,675,000 for the instant construction project to the Defendant on September 30, 2013 (i.e., KRW 905 square meters for each supply quantity of 9,05,00 square meters for each supply quantity of 85,00 square meters for each contract unit price x 50,00 square meters for construction cost x 50,00 square meters for construction cost x value-added tax.

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