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(영문) 대전지방법원 2018.04.18 2014가합104838

공사대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

On March 25, 2013, the Defendant entered into a contract for construction (hereinafter “instant contract for construction”) to which “children’s Park installation works” (excluding value-added tax), among “B landscaping projects” ordered by the Namyang Construction Co., Ltd., a new comprehensive construction (ju) and interesting construction (hereinafter “ prime contractor”) was subcontracted on the basis that “children’s Park installation works” was “452,820,000 won (excluding value-added tax), and the construction period: March 25, 2013, and January 31, 2014.”

On June 2013, the Plaintiff entered into a construction contract with the Defendant for a re-subcontract with respect to the instant original construction contract (hereinafter “instant construction contract”) and commenced construction work around that time.

On October 1, 2013, the Plaintiff and the Defendant drafted a written confirmation of the following contents (hereinafter referred to as “instant confirmation”).

1. The name of the construction project: Park Landscaping (No. 3, children 3, children 7);

2. The content of the construction project is limited to the original subcontract claim. 3. Construction amount: According to the statement in Gap evidence 3-1(written confirmations), including the five hundred million won per day (Won 815,000,000) per day, the statement is written as “the construction amount: the sale price per day per day per day (Won 815,00,000,000)”.

However, it is reasonable to view that all the construction cost is “815,00,000 (excluding value-added tax)” or “895,000,000 (including value-added tax)” as the contract for landscaping construction (excluding value-added tax, if it is excluded from value-added tax) and the contract for material supply (No. 1) without dispute that it has been prepared after the written confirmation between the parties concerned, and that the amount of the written confirmation is consistent with that amount, and that the written statement of the written confirmation is “excluding value-added tax” in mistake (if the value-added tax is excluded, it is the same as the contract for landscaping construction and the contract for material supply).

The construction cost at the construction site above, except for the construction cost claimed once during the construction site.