(영문) 서울중앙지방법원 2014.07.23 2013가합61287

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(영문) 서울중앙지방법원 2014.07.23 2013가합61287

공사대금

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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On March 15, 2010, the Defendant entered into a contract between the Jongno-gu Seoul Metropolitan Government Construction Co., Ltd. (hereinafter “Shee Construction”) with respect to the new construction of the 4 underground floors and the 5th floor “Ara art gallery” building on the ground (hereinafter “instant building”) located on the 85-24 and the 5th floor above the ground of Jongno-gu, Seoul, and obtained approval for the use of the instant building from the head of the Gu as of December 15, 201, by entering into a new construction of the instant building.

However, due to the non-construction of the instant building and defects, the Defendant could not open art galleries from the instant building. In order to prepare for legal disputes between the non-construction and the defective parts of the instant building, the Defendant assessed the damages in lieu of the defect repair in relation to the instant building through the procedure of preservation of evidence at the Seoul Central District Court (Supreme Court 2012Kao3008) around May 2012.

B. On April 2012, in order to open art galleries in the instant building, the Defendant requested for an estimate of interior and exterior finishing works of the instant building to the category of KNC Co., Ltd. (hereinafter “ENC”), and around April 2012, KNC submitted a quotation and construction cost calculated by adding the construction cost to KRW 1,469,380,000 (including value-added tax) to the Defendant, respectively.

C. On April 2012, the Defendant entered into a contract with UNC on the construction cost of all interior and interior finishing works of the instant building (including value-added tax) and the construction period from April 16, 2012 to May 2012. The contract is accompanied by a written estimate in which the category of DNA is calculated as KRW 286,00,000,000.

After that, the defendant on August 2, 2012.

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