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(영문) 서울남부지방법원 2015.07.08 2014가단56212
공사대금
Text

1. The Defendant’s KRW 85,500,000 and the Plaintiff’s annual rate of KRW 6% from October 24, 2014 to July 8, 2015.

Reasons

1. Facts below the facts of recognition are without dispute between the parties or may be acknowledged by adding to the whole purport of the pleadings the statement from Gap evidence No. 1 to Gap evidence No. 18 (including paper numbers).

On June 4, 2014, the Plaintiff entered into a contract with the Defendant, who operates a corporate English private teaching institute under the trade name “CPS” with the Plaintiff, under which the Plaintiff would receive a contract for the second floor, the building of the Defendant’s private teaching institute in Yangcheon-gu Seoul, the entire remodeling project of the fifth floor, the third floor, the fourth floor, the painting of the fourth floor and the total voting, and the joint voting, the press construction of the fourth floor (which seems to be a fractional of the million won according to a separate value-added tax and a quotation).

B. While the construction is being carried out under the above contract, the Plaintiff and the Defendant concluded an additional contract to newly add some of the wooden and metal construction works, stairs and tables, etc., on June 27, 2014, and to increase the construction cost as KRW 171,50,000 (in accordance with the addition of value-added tax and quotation, it appears that the amount of the construction cost is less than KRW 00,000,000,000).

C. On August 4, 2014, the Plaintiff was awarded a contract with the Defendant for construction of furniture and electricity, etc. (including value-added tax, a written estimate, which seems to be a fractional amounting to KRW 24,000,000).

In the process, the Defendant paid the Plaintiff KRW 45 million on June 23, 2014, KRW 60 million on July 25, 2014, and KRW 60,000 on July 25, 2014.

E. On August 30, 2014, while the Plaintiff completed all the construction works contracted by the Defendant, it was suspended upon the Defendant’s request on August 30, 2014.

2. Determination

A. According to the above facts, the Defendant, barring special circumstances, additionally paid to the Plaintiff KRW 195,50,000,000 (= KRW 171,500,000) out of the total construction cost under an additional or separate contract (= KRW 24,000,000), which was already paid to the Plaintiff, shall be KRW 105,00,000 (= KRW 45,000,000), instead of the Plaintiff’s defect repair.

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