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(영문) 광주지방법원 2020.07.30 2019가단517300
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 16,041,913 to the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

A. On December 2017, the Defendant: (a) determined the construction cost of KRW 121,00,000 (including value-added tax); and (b) contracted the construction of the main household, etc. among Jeju New Construction Co., Ltd. (hereinafter “instant construction”).

B. If the Defendant supplied household materials, such as even door, to the Plaintiff, the instant construction was conducted by installing a main household, etc. using materials supplied by the Defendant, and the Plaintiff completed the construction of a household around April 2018.

C. The Plaintiff itself recognizes the fact that it received KRW 106,486,00 from the Defendant’s payment of construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The fact that the remainder of the construction cost that the Plaintiff was not paid by the Defendant is KRW 14,514,000 (=121,000,000 - 106,486,000) is no dispute between the parties.

B. The Plaintiff at the Defendant’s request for additional construction costs, claimed that additional construction works were made for 10,780,000 won, including value-added tax. However, it is insufficient to acknowledge that the Plaintiff was implementing additional construction works beyond the scope of the original construction contract, and there is no evidence to acknowledge that the Defendant agreed to pay the additional construction cost to the Plaintiff, the Plaintiff’s above assertion is rejected.

C. According to the theory of lawsuit, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 14,514,000 and the delay damages therefor, unless there are special circumstances.

3. Monetary claims against the defendant against the plaintiff

A. The Defendant’s assertion 1 of the parties did not remove any waste remaining at the construction site after the completion of the construction, and the Defendant spent KRW 1,260,000 to dispose of the waste, and the Plaintiff’s household constructed.

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