공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts to the effect that, on June 13, 2016, the Plaintiff entered into a remodeling construction contract (the construction cost: KRW 200,000,000) on the factory building in Pakistan, which is owned by the Defendant, with the Defendant, and the construction work was incurred as additional construction cost equivalent to KRW 67,640,00,00, such as floor heating boiler installation work, at the Defendant’s request, while conducting the construction work. Thus, the Defendant is obligated to pay the said additional construction cost to the Plaintiff.
(1) In addition to the above additional construction works claimed by the Plaintiff, there is no dispute between the parties that the Defendant paid the construction cost of KRW 220,000,000 to the Defendant under the original construction contract. The Plaintiff’s claim is without merit, as there is no evidence to acknowledge that the Plaintiff was engaged in additional construction works beyond the scope of the original construction contract. Furthermore, even if the additional construction works were to be carried out, there is no evidence to acknowledge the expenses, etc. for the additional construction works.
(A) On January 22, 2019, the Plaintiff applied for an appraisal of the additional construction, but did not pay the subsequent appraisal fees, etc. (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 2019). Thus, the Plaintiff’s claim of this case is dismissed as it is so ordered.