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(영문) 대전지방법원 서산지원 2021.02.09 2019가단56482
공사대금
Text

1. The Defendant’s KRW 57,938,079 as well as 5% per annum from September 11, 2019 to February 9, 2021 to the Plaintiff.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be found upon full consideration of each description or image of Gap evidence Nos. 1 to 7 (including various numbers) and the purport of the entire pleadings as a result of the request to the appraiser C of this Court for appraisal.

A. On May 29, 2019, the Plaintiff entered into a construction contract with the Defendant and Seosan-si D and E with a total of KRW 85 million (if there is an increase or decrease in the number of plane, the above unit price settlement) in total as KRW 1.67 million per square, and the construction period from June 1, 2019 to August 10, 2019 (hereinafter referred to as “contract for the instant construction contract”).

B. In the instant construction contract, “The time of modifying the drawings and specifications due to the Defendant’s circumstances after the conclusion of the contract shall be demanded and obtained consent from the Plaintiff before the execution.

The defendant would accept 100% of the construction cost incurred by the plaintiff and pay the full amount within the balance settlement period of this contract, if the additional construction cost was not determined and supported at the defendant's request.

“” includes the content.

(c)

The Plaintiff, according to the instant construction contract, installed a pole of the building and KRW 20 million on the contract date from the Defendant, and continued construction after receiving payment of KRW 30 million, and completed the instant construction work around September 10, 2019.

(d)

In the process of the instant construction, the Plaintiff, at the Defendant’s request, has additionally carried out construction works, pipes and distribution works, toilets additional construction works, electrical construction, reinforced construction works, mar powder construction works, changed site concrete construction works, and tent construction works, etc. The additional construction costs therefrom are KRW 24,265,674, including material cost, labor cost, general management cost, profits, and value added tax.

E. On the other hand, the part constructed differently from rupture, water leakage, defects and design drawings in the neighboring residential facilities completed by the Plaintiff according to the instant construction contract.

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