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서울중앙지방법원 2015.12.18 2014가단247876

공사잔대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff (B) entered into a contract under which the Defendant and the Defendant supplied and installed ice ice Track (Relocation) at the site of the Seoul Gangnam-gu Seoul Building Construction Co., Ltd. (hereinafter “instant construction contract”) with construction cost of KRW 194,370,000, and the mobile partition was installed from December 15, 2013 to January 14, 2014.

B. However, around December 23, 2013 during the instant construction project, there was a problem that the Plaintiff’s mobile partitions installed and does not normally move along with the tracks, and the Plaintiff asserted that the cause was that the Plaintiff, a partner company on the part of the Defendant, was the reason why he was freshed with the line of 12 meters on the track during the river construction, and that the mobile partitions was freshed with the line of 12 meters on the track. The Plaintiff proposed to replace the entire track.

All replacement costs of KRW 30,995,000,000,000 separately).

However, the Plaintiff, the Defendant, and the Grand Cross-General are replaced only with the revolving section among the revolvingors. From February 10, 2014 to February 25, 2014, the Plaintiff replaced only the revolving section (i) with the revolving section (T) (hereinafter “the primary replacement”). However, even after the first replacement work, the mobile partitions did not move from the vicinity of the revolving section. The Plaintiff completed the construction work (hereinafter “the second replacement work”) replacing the revolving section between July 18, 2014 and October 10, 2014.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, 8 through 11, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff incurred KRW 7,260,00 for the primary replacement construction cost, KRW 5,902,00 for the secondary replacement construction cost, and KRW 55,902,00 for the replacement construction cost, the height of the mobile partitions (7.6m from July 6 to 7.8m) and the color color of the track (verification) were changed, and the alteration of the construction cost was made to install an entrance in the mobile partitions, thereby adding KRW 9,835,00 for the altered construction cost.