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(영문) 청주지방법원 2015.02.06 2013가단27961

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On June 18, 2013, the Plaintiff entered into a contract with the Defendant for the removal of warehouse and office Dong-si, Gyeonggi-do, as indicated in the standard contract for private construction works attached hereto, with the Defendant, and the main contents are as follows.

The name of the construction project: The contract amount of 100,000,000 won (Additional tax) for the storage, operation, and removal of office buildings in Gyeonggi-do;

B. After entering into a contract as above, the Plaintiff and the Defendant agreed to remove and dispose of asbestos slate (asbestos) among the above removal works, and to change the construction amount to KRW 54,00,00 ( KRW 34,000,000: KRW 20,000: KRW 20,000). C. The Plaintiff removed asbestos slate (asbestos) in the above construction site and completed waste disposal. D. The Defendant did not pay the construction price, requesting the Plaintiff to reduce the amount of KRW 20,000,000 from KRW 19,000,000 among the above construction price, and the Plaintiff accepted it and received the performance (payment separate) (including KRW 20,90,000, KRW 200,000, KRW 19,000).

E. Therefore, the Defendant paid 19,00,000 won of the total construction price of KRW 54,000,000 as the disposal price of KRW 19,00,000, and thus, should pay the remainder of the asbestos removal price of KRW 34,00,00.

2. Summary of the defendant's assertion

A. The Defendant did not conclude a contract with the Plaintiff for removal construction work that causes 100,000,000 of the same contract amount as the reference contract for private construction work as stated in the attached private construction contract.

B. There is no oral agreement between the Plaintiff and the Defendant to change the construction cost to KRW 54,00,000.

C. On October 21, 2013, the Defendant entered into a service agreement with the Plaintiff on disposal of asbestos slate (asbestos), which is a waste, and only paid the price of KRW 19 million (additional tax separate).

3. Determination

A. The Plaintiff and the Defendant’s contract amount on June 18, 2013 is KRW 100 million.