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(영문) 창원지방법원진주지원 2017.08.17 2016가단5913

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,030,000 to the Plaintiff (Counterclaim Defendant) and the amount from August 19, 2016 to August 17, 2017.

Reasons

1. Facts of recognition;

A. On August 11, 2014, the Plaintiff (Counterclaim Defendant) (hereinafter “Plaintiff”) was contracted by the Defendant (Counterclaim Plaintiff) (hereinafter “Defendant”) on the following terms: (a) on August 11, 2014, the construction work for the site development of two lots of land, B, and two lots of land (hereinafter “instant construction work”).

(3) Contract amount: 140.90,000 won (including value-added tax) shall be included in the final report on February 10, 2015.

B. The Plaintiff and the Defendant set the construction cost at KRW 118,00,000 at the time of entering into the instant construction contract, however, considering that the construction is being carried out and the additional construction cost may accrue as a result of the progress of the construction project, the contract entered in advance as KRW 140,90,000 increased compared to the actual construction cost.

C. On February 10, 2015, the Plaintiff and the Defendant: (a) extended the scheduled completion date of the instant construction works on June 10, 2015; (b) on June 10, 2015, the scheduled completion date of the instant construction works again on June 10, 2015; and (c) drafted again the contract amount as the previous one and as modified only on December 10, 2015.

The aggregate was first used as a filled-up material for the site of the construction site of this case.

Since then, in accordance with the administrative measures of Sacheon-si that ordered recovery because circular aggregate is inappropriate for banking, it was constructed to remove recycled aggregate and fill up soil as a substitute for soil, and around March 2015, it was constructed to convert part of the site into soil for construction work on both banks.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 6, Eul evidence 8, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. As to the construction cost of the instant construction project, the Plaintiff asserted that the construction cost of the instant construction project increased to KRW 145,200,000 by reflecting that the construction cost of the instant construction project changed the filled-up materials into soil and additionally filled-up work.

Since the construction work is modified by the plaintiff's cause, the defendant is not responsible for it, and it is determined at KRW 118,00,000 at the time of the first construction contract.