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(영문) 창원지방법원통영지원 2017.06.27 2016가단4012
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 30, 2016 to June 27, 2017.

Reasons

1. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a person engaging in construction business under the trade name “C”.

On February 2, 2016, the Plaintiff concluded a contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) by setting a total of KRW 130,000,00 (=120,000 per square meter x KRW 4,000 per square meter) for the construction work of constructing a new detached house (hereinafter “instant construction work”) after removing the instant building on the ground of Gosung-gun (Seoul High-gun) (hereinafter “instant construction work”). The Plaintiff agreed to pay the construction cost in accordance with the flag.

After the Defendant received a construction permit on February 24, 2016, the Plaintiff commenced construction on February 26, 2016, and the Defendant paid KRW 130,000,000 to the Plaintiff as the construction price until April 25, 2016.

On the other hand, at the request of the defendant, the plaintiff set up a set of KRW 5,00,00 for warehouse construction and door construction (i.e., KRW 3,00,000 for warehouse construction at the request of the defendant), but there was a dispute between the plaintiff and the defendant as to whether the construction cost for solar solar power generation facilities was included in the initial construction cost, and the plaintiff reached the construction site around that time.

Accordingly, the defendant completed housing construction by entrusting multi-use rooms and storage construction to other construction business operators, and completed the registration of ownership preservation on May 30, 2016 after obtaining approval for use on May 16, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, 4 and Eul evidence 1 and 4, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion was obligated to pay the Plaintiff KRW 13,160,000 for additional construction cost calculated as KRW 4,00,000 per square meter as originally agreed with respect to KRW 3.29 square meters (i.e., KRW 3. 29 square meter x KRW 4,000 per square meter), and the Plaintiff paid KRW 21,679,271 for various construction cost in order to construct multi-use rooms, warehouses, and doors.

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