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(영문) 수원지방법원성남지원 2015.06.18 2013가합6953

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 February 15, 201, the Plaintiff concluded a contract on the part of the Defendant for the construction of reinforced concrete structure ( Underground 1st and Ground 2nd floor) (hereinafter “instant construction”) on the ground (hereinafter “instant contract”) on the part of the Defendant in Seongbuk-si, Sung-si, Sung-si, the Plaintiff agreed that KRW 10,000,000 for the contract amounting to KRW 530,000 for the construction cost (hereinafter “instant contract”). At the time of the contract, the contract amount of KRW 159,000 for the first intermediate payment, KRW 159,000 for the first intermediate payment, KRW 159,000 for the second intermediate payment, KRW 159,000 after the contract completion, and KRW 159,00,000 for the second intermediate payment, KRW 43,000 after the completion of the interior construction work.

B. Under the instant contract, the Defendant paid the Plaintiff KRW 328,00,000,00 in total, out of the agreed amount, the down payment, and the first intermediate payment.

C. The Plaintiff, while proceeding with the instant construction, was around August 18, 201 and the same year.

9. Around November 15, 201, the Defendant notified the Defendant that the construction could no longer proceed without paying KRW 53,780,000 of the additional construction cost, and the Defendant, around August 25, 201, demanded the Plaintiff to determine whether the additional construction works were to proceed at the time of completion and to proceed with the part for which the construction cost was paid. However, the Plaintiff notified the Plaintiff that the instant contract would be cancelled on November 1, 201 when the Plaintiff ceased construction on September 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6 (including branch numbers, hereinafter the same shall apply), Eul evidence 6-1, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted that the construction of this case was carried out with the construction cost equivalent to KRW 450,500,000 according to the contract of this case, and the additional construction cost was spent at KRW 51,603,00 (including corporate profits of KRW 10%). According to the agreement with the defendant, the plaintiff appears to be erroneous in the amount of KRW 1,58,000 on behalf of the defendant.

The payment of the expenses (hereinafter referred to as the “payment”) was made by the Defendant, and only KRW 318,00,000 as the construction cost.