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(영문) 대전지방법원 2018.05.03 2016가단23530
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,458,769 and the interest rate of KRW 15% per annum from June 21, 2016 to the day of complete payment.

Reasons

1. Basic fact (=the fact that there is no dispute)

A. On September 21, 2015, the Plaintiff entered into the instant subcontract with the Defendant, and the Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Plaintiff concluded the instant subcontract with the view to accepting the construction cost of KRW 78,00,000 among the construction works for new multi-household housing (total 20 households) for the main household and the construction works for the installation of new gates (hereinafter “instant construction works”).

B. The Plaintiff completed the instant construction, and received construction cost of KRW 27,800,000 from the Defendant.

2. The parties' assertion

A. After concluding the instant subcontract, the Plaintiff installed a multi-household 104 sample facility (the primary sample facility) with the owner and the Defendant Company’s order, and additionally installed a attached stuff, doorets, and glass display room at the direction of the owner and the Defendant Company C. In addition, the Plaintiff changed the structure and location of the kitchen compared to the primary sample facility at the direction of the owner and the on-site manager, and installed the secondary sample facility in addition to the attached stuff and the glass display room instead of the wall.

Since the Plaintiff completed the instant construction as the second sample facility, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost, excluding the total of KRW 78,000,000 for the first construction cost of the instant construction and KRW 12,50,000 for additional construction cost (one gate, one door, and 20 for glass Display) and KRW 27,80,000 for additional construction cost.

B. The defendant did not consent to the change of additional construction and sample facilities, and the defendant must deduct the damages in lieu of the cost of defect repair from the construction cost under the subcontract of this case that the defendant should pay to the plaintiff.

3. Determination on the part of the additional construction work claimed by the Plaintiff

A. The following circumstances, i.e., there is no reason for the Plaintiff to install additional construction and sample facilities at will without the owner or defendant's instruction, and ii) the Plaintiff to install additional construction and sample facilities at will without the owner or defendant's instruction.

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