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(영문) 의정부지방법원 2019.08.29 2018나215207

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

. Facts of recognition.

A. On November 20, 2015, the Plaintiff entered into a contract with the Defendant regarding the Defendant’s new factory civil works with respect to the following content (hereinafter “instant contract”).

1. Construction name: Civil engineering works for a newly-built factory;

2. Place for construction: Land (area: 2,242 square meters) other than C at the time of strike.

3. Date of commencement: November 21, 2015: Date scheduled for completion: December 15, 2015 (25 days from commencement date).

5. Contract amount: 70 million won (excluding surtax);

6. Contract advance payment: 20 million won (excluding surtax);

7. A completed portion:

0. Three million won after completion of reinforcement works (excluding surtax);

0. Ten million won after banking work for a complex (excluding surtax);

0. 10 million won after the completion of road works (excluding additional dues) * 10 million won - embling construction for complex - embling construction for complex Reinforcement (construction for existing concrete) - drainage pipes (800 meters) laid at the center of the planning road, construction for concrete packaging for complex planning.

B. The Defendant paid the Plaintiff KRW 20 million on November 24, 2015, KRW 20 million on December 18, 2015, KRW 10 million on June 20, 2016, KRW 53 million on January 3, 2018, and KRW 8 million after the instant lawsuit was filed, respectively.

C. On December 15, 2015, the Plaintiff completed civil engineering works described in the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 6, the purport of the whole pleadings

2. The assertion;

A. As the Plaintiff’s assertion was completed pursuant to the instant contract, the Defendant is entitled to the payment of the unpaid construction cost of KRW 16 million.

B. The Defendant’s assertion 1) Although the instant contract includes a purification tank construction work, a pipe reclamation work, rainwater and sewage pipes reclamation work, the Plaintiff failed to perform this work, and the Plaintiff failed to perform a string construction work with approximately KRW 900 square meters for a factory marina part. 2) The construction cost was set excessively.

3 The Plaintiff performed the defective construction work.

3. Determination

A. According to the above facts of recognition, there are special circumstances.