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(영문) 대전고등법원 2019.11.06 2019나11805
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 297,408,074.

Reasons

1. Basic facts

A. Around January 2016, the Plaintiff entered into a construction contract with the Defendant on construction works that newly build one multi-family house on the ground of 1,706 square meters of G orchard in Jeju-si. On October 25, 2016, the said land was divided into 571 square meters of G orchard (hereinafter “A site”), 518 square meters of H orchard (hereinafter “B site”), and 617 square meters of I orchard (hereinafter “C site”).

B. The Plaintiff entered into a construction contract with the Defendant to newly construct one unit of multi-family house on the ground of the original A site. However, upon the division of the above land, the Plaintiff entered into an additional construction contract with the Defendant regarding construction works to newly construct one unit of multi-family house on the B and C site around December 2016.

(2) In addition to each of the above construction contracts, each of the above construction contracts refers to “the instant construction contract,” and the construction works therefrom are “the instant construction project,” and the building to be constructed on each of the lots is “A site building,” “B site building,” and “C site building.”

The plaintiff and the defendant prepared multiple contracts in the process of concluding the construction contract as above, and the details thereof and the main contents of each contract are as follows.

1. Contract title: The construction work of newly constructing the house or the pension structure; and

4. Contract amount: 200,000,000 won - Value-added tax shall settle the total expenses out of the final area due to an increase or decrease in the actual execution area.

[Provided, That this contract is a contract which includes construction work, interior works, and design supervision, as well as the special agreement terms1].

(The costs of authorization and permission shall be the cost of the defendant) - The construction costs of this contract shall be KRW 5,00,000 per square meter, and shall include the costs of completion and completion of the construction.

Provided, That this shall not include bedclothess, home appliances, food appliances, and other fixtures.

- The design cost to be paid on a prior basis shall be deducted from the total construction cost.

- The total construction cost shall be calculated by calculating the actual construction area.

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