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(영문) 광주지방법원 2017.01.11 2016가단2630

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On October 18, 2015, the Plaintiff received contracts from Defendant B as KRW 86,00,000 (excluding value-added tax) for interior interior interior interior interior interior decoration construction from October 19, 2015 to November 21, 2015 with respect to the fourth-story building located in Yong-Gun, Jeonnam-gun.

(hereinafter “instant contract”). (b)

While the Plaintiff was performing construction works under the instant contract, around November 2015, requested the Defendants to pay the construction cost incurred by additional construction works, etc., Defendant B paid KRW 30,000,000 to the Plaintiff as the additional construction cost.

B. Defendant B paid KRW 107,00,000 to the Plaintiff several times from October 19, 2015 to November 28, 2015.

[Ground of recognition] Unsatisfy, Gap 1-4, 9 evidence, the purport of the whole pleadings

2. The Plaintiff alleged by the parties that the instant contract was concluded with the Defendants, and the Additional Construction Costs of KRW 58,854,570 is claimed to have been paid separately while the interior works were performed.

Defendant B, after the conclusion of the instant contract, decided to conclude the contract by paying KRW 30,00,000 to the Plaintiff’s request for additional construction cost, and most of the details of the Plaintiff’s additional construction works are included in the instant contract, and the contract amount is deducted from the contract price to the extent that the damages incurred by the Plaintiff’s failure to perform the construction works and the details of the non-construction works are deducted.

3. Since there is no evidence to deem that Defendant C is a party to the instant contract or bears the obligation to pay the construction price to the Plaintiff, the Plaintiff’s claim against Defendant C is without merit.

4. Claim against the defendant B

A. The plaintiff of the additional construction work and the total construction cost claimed that additional construction work equivalent to KRW 58,854,570 was conducted.

(A) Installation of a water meter, etc. among the additional construction works of the Plaintiff’s assertion, rooftops, and second floor interior works are recognized by the Defendant.