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(영문) 대전지방법원 2018.12.20 2016가단223651
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,244,00 and interest rate of KRW 15% per annum from May 25, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On September 29, 2014, around September 29, 2014, the Plaintiff, with the trade name of “C”, was contracted with the Defendant for the partition of the D kindergarten located in Daejeon Sung-gu, Daejeon (hereinafter “instant construction”).

B. The instant Corporation decided to proceed by October 19, 2014. The total construction cost was set at KRW 75 million (value-added tax separate), but the Plaintiff did not complete the construction, and the Defendant accepted and completed the construction.

C. As a result of appraisal, the part of the instant construction works executed by the Plaintiff was identified as total of KRW 95,909,00,000, including 73,832,00 of the cost of the construction work (prepaid rate of KRW 89.622%) and additional construction cost of KRW 22,07,00.

In relation to the instant construction project, the Defendant paid a total of KRW 41 million to the Plaintiff as construction cost.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, the result of appraisal by appraiser E (including each request for supplementation of appraisal; hereinafter the same shall apply), the purport of whole pleadings]

2. Determination

A. Cause of claim - Cost of construction cost of KRW 73,832,00 (including value-added tax): The Defendant’s assertion related to construction cost against the appraisal result is rejected as there is no sufficient evidence to acknowledge it.

- Additional construction cost of KRW 16,412,00: The Plaintiff claimed additional construction cost of KRW 28,967,400 according to a quotation (Evidence A2) at the beginning of the year. However, the Defendant: (a) although the Defendant claimed additional construction cost of KRW 28,967,40 according to a quotation, the Defendant was included in the above quotation and recognized only as additional construction cost of KRW 16,412,00 as a result of the appraiser E’s appraisal, the additional construction cost of KRW 16,412,00,000 corresponding to the astronomical work out of the quotation should be recognized; and (b) reduced the purport of the claim, the Defendant claimed additional construction cost of KRW 16,412,00.

It receives all the plaintiff's claim amount within the scope of 22,077,000 won, which is the additional construction cost due to the appraisal result.

- If the Defendant deducts the construction cost of KRW 41 million already paid from the above fixed construction cost and additional construction cost, the latter is ultimately.

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