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(영문) 춘천지방법원원주지원 2016.09.22 2014가합6066
공사대금
Text

1. The Defendant’s KRW 1,587,360,450 among the Plaintiff and KRW 1,524,42,70 among the Plaintiff, shall be KRW 62,937,750 from July 1, 2014, and KRW 62,937,750.

Reasons

Basic Facts

On November 8, 2013, the Plaintiff entered into a construction contract with the Defendant for a construction project (hereinafter referred to as “instant construction project”) with respect to the construction project for the construction project for the construction project for the construction of the main and C-ground buildings (hereinafter referred to as “instant building”) at the prime city, the construction cost of KRW 1,820,000,000 (including value-added tax), the construction period from November 26, 2013 to June 30, 2014, and the construction cost of the instant building shall be paid simultaneously with the delivery of the instant building (hereinafter referred to as “instant construction contract”).

The Plaintiff paid 10,000,000 won to the design office in lieu of the design cost to be paid by the Defendant in accordance with the instant construction contract terms and conditions that “the Plaintiff shall pay the design cost on behalf of the Plaintiff and to be paid by the Defendant later to the Plaintiff.”

In January 2014, the Plaintiff and the Defendant agreed to increase the construction cost of KRW 15,00,000 due to the modification of design due to exposure to cancer during the instant construction work.

The Plaintiff completed the instant construction work by June 30, 2014, and transferred it to the Defendant after obtaining approval for use of the instant building.

On August 18, 2014, the Plaintiff loaned KRW 52,937,750 to the Defendant under the name of acquisition tax and education tax, etc. of the instant building, and agreed with the Defendant on the repayment date as “the time of payment of bank loans and the time of payment of value-added tax to the tax office”.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 4 (including additional number), the purport of the entire pleadings, and the allegations by the parties to the claim and the cause of the claim, the defendant is obligated to pay the plaintiff the construction cost of KRW 1,835,00,000 (i.e., the increased construction cost of KRW 1,820,000,000 under the construction contract of this case) and the design cost of KRW 10,00,000 paid by the plaintiff on behalf of the defendant, KRW 52,937,750, and damages for delay.

In the case of design costs, there is no fixed period of payment, and a copy of the complaint of this case seeking the payment is served on the defendant.

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