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(영문) 서울동부지방법원 2016.12.23 2015가단110578
공사대금
Text

1. The Defendant’s KRW 12,368,906 as well as 6% per annum from November 19, 2014 to December 23, 2016 to the Plaintiff.

Reasons

Facts of recognition

On March 28, 2014, the Plaintiff entered into a construction contract with the Defendant with the content that the Plaintiff will undertake a tegrative construction work on A 11th floor (hereinafter “B”) and receive KRW 127.6 million (including value-added tax) from the Defendant, and completed the tegrative construction work on May 15, 2014 in accordance with the said contract.

On August 26, 2014, the Plaintiff entered into a construction contract with the Defendant with the content that the Plaintiff is obligated to receive KRW 127.6 million (including value-added tax) from the Defendant, while entering into a construction contract between the Defendant and the Defendant on August 26, 2014, with D points in Seoul Special Metropolitan City, Nowon-gu 5 (hereinafter referred to as “D points”). Under the said contract, the Plaintiff completed the Indian construction on October 23, 2014.

C. On September 16, 2014, the Plaintiff entered into a construction contract with the Defendant on the construction work with the purport that the Plaintiff will work for the Fate points in the E 5th floor in the Guri-si (hereinafter “F Points”) and receive KRW 55 million (including value-added tax) from the Defendant, and completed the interior work on November 18, 2014 under the said contract.

[Grounds for recognition] Gap 1-13, Eul 4 and 5, and the purport of the whole pleadings.

The plaintiff asserts that the judgment on the claim for additional construction costs (1,860,000 won) is the cause of the claim as follows.

The Plaintiff is performing the Human Rights Corporation of D Points, and attached Form:

1. The Plaintiff asserts that additional construction costs, such as the Plaintiff’s assertion, should be paid in addition to the above additional construction costs as indicated in the “claim Amount” column of the same Table among the D Additional Construction Costs, and sought payment of KRW 18.66 million for the said additional construction costs.

According to the results of appraiser H's appraisal, Gap 3-5, 14-23 (including each number), 36-1, 37-1, 37-4, and 4, and 5, the details of additional construction work shall be as shown in the attached sheet.

1. The appraisal results are the same as the result of the appraisal of the D Additional Construction Works, and the additional Construction Costs are recognized as the same as the statement in the aggregate column of the Additional Construction Costs.

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