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(영문) 전주지방법원 2015.11.12 2015나1614
공사대금
Text

1. Of the judgment of the first instance court, KRW 2,698,594 against the Plaintiff and its related thereto, from February 11, 2015 to November 12, 2015.

Reasons

1. The facts constituting the following facts can be acknowledged in full view of the overall purport of the pleadings in the entries or videos of Gap evidence Nos. 1, 3, 4, 9 through 12, Eul evidence Nos. 1 through 4, 11 (including the serial number) or the parties to the dispute:

On April 17, 2013, the Plaintiff entered into a construction contract with the Defendant to newly construct houses on the land of Namwon-si C and D (hereinafter “instant construction”) and to pay KRW 85,000,000 (excluding value-added tax) as construction cost.

(hereinafter “instant construction contract”). B.

On June 13, 2013, the Plaintiff and the Defendant entered into a supplementary contract for the instant construction contract on June 13, 2013. However, the original content of the contract added “80,000,000 won for the installation of electric deposit and measuring instruments, 2,50,000 won for the installation of an interior embankment in front of a building, 3,00,000 won for the height of 1.3 meters in height of a building, 70,000,000 won for the removal and packing of a container, and 3,00,000,000 won for the packaging of a building or the finishing part of a building, and 2,00,000,00 won for retaining wall construction,” and the construction cost was increased to KRW 87,00,00.

C. Around October 2013, the Plaintiff completed the instant construction without performing the 2,500,000 square meters of the instant construction among the instant construction works, and received KRW 81,00,000 from the Defendant as the construction price.

The Plaintiff spent KRW 560,000 for each of the instant construction works, and KRW 200,000 for each of the instant construction works by the front waterworks.

E. Upon entering into the instant construction contract, the boiler room was set up inside the building, and the design was modified thereafter, and the boiler room was excluded from the internal basic horizontal water, and the Plaintiff spent KRW 1,700,000 to construct the boiler room.

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant is required to pay the Plaintiff the remainder of the construction cost of KRW 5,960,000 (=the additional construction cost of KRW 87,000,000).

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