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(영문) 수원지방법원성남지원 2017.09.27 2016가단26197

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 2015, the Plaintiff’s summary of the Plaintiff’s assertion submitted a written estimate on interior works among the “C Urban Residential Housing Construction Works” performed by the Defendant to the Defendant, and signed the Defendant’s On February 26, 2016, the Defendant’s On-site Director D signed the said written estimate to the effect that the construction cost is KRW 78,00,000,000 in total.

On May 26, 2016, the Plaintiff performed the said construction work, and performed additional construction work equivalent to KRW 4,014,000.

The defendant did not pay 54,741,000 won out of the total construction price of 82,014,000 won, and the defendant is liable to pay the above construction price and damages for delay to the plaintiff.

2. Determination

A. Facts of recognition 1) The Defendant is a stock company E (hereinafter “Nonindicted Company”) on September 22, 2015.

B) Between the Seoul Special Metropolitan City Gwangjin-gu and the Seoul Special Metropolitan City, “C Urban Residential Housing Construction Corporation” on one parcel and the heading and swimminging construction work (hereinafter “instant construction work”).

As to the construction cost, the construction contract was entered into with KRW 924,00,000. The head of the site office affiliated with the Defendant managed the said construction, and the non-party company had G manage the instant construction. 2) The Defendant raised an objection to the quality of the paper of delivery as selected by the non-party company.

D asked G to whether it is impossible for G to change the distribution company of the instant construction project to the Plaintiff dealing with the domestic distribution product, and G was possible to change the cost, execution capacity, etc. if appropriate.

D requires the Plaintiff to submit a written estimate, and the Plaintiff prepared a written estimate for KRW 1,660,000 per household and delivered it to D, around December 2015.

D) On February 26, 2016, 201, the Plaintiff’s result of the performance of the design with respect to one household stated “(1,660,000 won including model voucher 1,660,000 x 47 households, total of 78,00,000 won” in the said written estimate, and signed “D at the site.”

3 The Plaintiff completed the instant construction during the period from February 29, 2016 to March 20, 2016. The amount equivalent to KRW 4,014,00 from May 19, 2016 to May 25, 2016.