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(영문) 서울중앙지방법원 2019.04.24 2017가합505198

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) and E Co., Ltd. (hereinafter “E”) were awarded a contract for the construction work of G apartment (hereinafter “instant apartment”) from the F Corporation (hereinafter “instant apartment”).

B. On July 13, 2015, the Plaintiff entered into a subcontract with Defendant B and E to supply and demand damping construction works (hereinafter “instant damping construction works”) among the instant construction works at KRW 4,513,00,000 of the construction cost.

C. On April 8, 2016, the Plaintiff and Defendant B and E entered into a contract to change the construction amount of the said subcontract from July 13, 2015 to October 26, 2016, and the construction period from July 13, 2015 to October 28, 2016. The Plaintiff again entered into a contract to change the construction amount of KRW 4,292,000,000, and the construction period from July 13, 2015 to November 7, 2016.

(hereinafter referred to as the "instant subcontract" in total) d. of the first subcontract agreement.

The apartment of this case was approved on December 27, 2016.

E. On April 20, 2017, E changed its trade name to C, and the same year.

8. 30. The corporation was merged into D.

(hereinafter referred to as “Defendant D” in total before and after the change and merger) was without dispute; Gap evidence 1; Eul evidence 1; Eul evidence 1; appraiser H’s appraisal result; the purport of the entire pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion was based on the direction of the Defendants, as stated in the separate construction items, and the additional construction cost is KRW 1,453,447,00. Thus, the Defendants are jointly and severally liable to pay the Plaintiff KRW 1,453,447,00 to the additional construction cost.

(b) In order to claim additional construction costs against a contractor in addition to the contractual construction costs set out in the relevant contract, the contractor of the relevant legal doctrine shall make an additional construction or alteration work not included in the relevant contract unless there are special circumstances.