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(영문) 서울남부지방법원 2015.04.16 2013가합17378

공사대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 9, 2012, the Plaintiff entered into various contracts between the Plaintiff and the Defendant: “The Plaintiff assumed all public charges, design expenses, and other expenses, and became subject to registration conversion on May 27, 2013, the instant land owned by the Defendant (hereinafter “instant land”) was divided into KRW 1153 square meters of D forest land on May 27, 2013, and was divided into KRW 996 square meters of D forest land and KRW 157 square meters of E forest land on May 29, 2013. The period between the Plaintiff and the Defendant is the same.”

(2) On November 23, 2012, the Plaintiff agreed to include the costs of construction, civil engineering, structure, electricity, fire-fighting, water supply, artificial engineering, authorization, permission, and all kinds of personal admission, etc. in the said contract amount when the Plaintiff was awarded a contract for construction from November 23, 2012 to January 15, 2013, with the construction period of KRW 141,00,00.

(2) On April 8, 2013, the Plaintiff and the Defendant agreed with the Defendant to extend the construction period of the instant housing construction to April 30, 2013.

B. The Plaintiff started the instant civil engineering works and the housing construction works around 2012, and continued the construction work. (2) From around December 10, 2012, the Plaintiff was also performing additional construction works related to the instant housing construction works at the Defendant’s request.

C. (1) However, the Plaintiff did not complete the instant housing construction by April 30, 2013, and the said construction was suspended on or around May 2013. Accordingly, the Defendant requested the Plaintiff in writing to “the completion of the instant housing construction by June 5, 2013.” (2) The Defendant, on May 30, 2013, requested the Plaintiff to “the completion of the instant housing construction by June 5, 2013.”