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(영문) 수원지방법원 여주지원 2017.03.22 2016가단1672

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 10, 2015, the Plaintiff entered into a contract with the Defendant on December 10, 2015, for the construction cost of KRW 23 million (excluding value-added tax) for the development of groundwater (hereinafter “instant construction”).

The main contents of the instant construction contract are as follows.

1. The development of groundwater shall consist of two sections;

2. Scope of contract - Amount of daily work: Liability execution of 80 tons; and

3. Prepaid payment under a contract: 30% amount at the time of completion of the quantity: The remainder settlement deposit: 3 million won.

6. If the suspension of work by civil petition is seven days after the lapse of the seven-day period, the cost of the work previously undertaken shall be adjusted immediately as soon as the work is conducted;

8. No down payment shall be refunded.

The depth of the scope of construction: 200 meters in volume: 80 cubic meters/day

B. The Defendant paid 3 million won as down payment to the Plaintiff.

C. On December 23, 2015, the Plaintiff completed the instant construction work.

However, the two collection amounts generated from the instant construction were limited to 57 tons on December 24, 2015, and the collection amount was reduced to 12 tons on January 11, 2016, as the collection amount was reduced.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion completed the construction of this case, and furthermore, since the construction of the conduit and the cateral was agreed with the defendant, the defendant is obligated to pay the plaintiff the construction cost of KRW 25.9 million (=the construction cost of KRW 20 million and the construction cost of KRW 5.9 million).

B. Determination 1) In full view of the above-mentioned facts, the process, contents, and the parties’ intent, etc. of the construction contract of this case is that the construction contract of this case is a contract for the development of groundwater for the purpose of generating a daily volume of 80 tons, and the Plaintiff is obligated to perform the construction work for the development of groundwater so that a daily volume of 80 tons occurs, and the Defendant is obligated to pay the construction price in return therefor.