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(영문) 대구지방법원 2015.02.06 2013가합7565

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

3. Construction works not stated in drawings, contract specifications and specifications shall be settled separately.

4. The Plaintiff uses the materials between the existing and existing enterprises.

5. The down payment that the Defendant paid to Bowon is used by the Plaintiff.

11. Existing Senior Civil Code, Nowon-dong, and Unexploded Constructions. (a)

On August 25, 2012, the Plaintiff (around January 8, 2013, changed the name of the current company from Hosan to its trade name) entered into a contract with the Defendant on August 25, 2012 with respect to the construction of new and reconstruction of a swine stable of a scale of 64 mams per week (hereinafter “the instant cattle shed”) of a scale of 3,570,000 won (hereinafter “the instant construction”) (the construction amount of KRW 1,90,000,000, value-added tax of KRW 190,000,000, and machinery supply of KRW 1,480,00,000, KRW 150,000,000, KRW 150,000,000 per week, and the intermediate payment rate of KRW 150,000 per month, and the construction period of KRW 30,303,203” (hereinafter “the instant construction contract”).

The contract of this case is subject to the following special agreements:

B. While the Plaintiff was performing the instant construction pursuant to the instant contract, the Plaintiff suspended the construction work for the first time on June 2013.

C. On July 23, 2013, the Defendant filed an application for preservation of evidence with respect to the defect and the appraisal of the construction work of this case with the Daegu District Court resident support 2013Kaga68, and the Plaintiff filed an application for preservation of evidence with respect to the appraisal of the additional construction cost of the construction work of this case with the same court 2013Kaga85 on September 10, 2013.

Accordingly, the appraiser C (hereinafter only referred to as the "appraisal") appraised the defects, defects, and specifications of the instant construction works, and additional construction costs, respectively.

[Ground] Facts without dispute, Gap evidence 1, Gap evidence 4-1, 2, Gap evidence 14-1, 2, Eul evidence 8, the purport of the whole pleadings

2. The parties' assertion

A. Construction cost of the Plaintiff’s assertion Nos. 1 and 2-story (won) construction cost, 97,000,000 pregnant workers’ 2-story removal, 73,000,000 slock slock construction work after the removal of the existing 2-story slocks.3,00,000.