공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On June 13, 2016, the Plaintiff was awarded a contract from the Defendant for the construction cost of KRW 114,000,000 for the interior works on the first floor of the building on the Gangnam-gu Seoul Metropolitan Government D ground (hereinafter “former headquarters”).
The plaintiff presented a written estimate for the calculation of the original construction cost of KRW 114,482,200, and then received a verbal contract without preparing a contract by reducing the price of KRW 114,00,000.
B. In a written estimate prepared by the Plaintiff, the details of the project are indicated as “permanent works, floor works, brick works, ceiling works, bar works, electrical construction, electrical construction, household works, observer works, and options construction works.” The said observer works stipulate “air conditioner works, toilet works, external works, signboards and private objects, removal works, and electric enlargement works.”
C. During the process of the instant construction, the Plaintiff suspended construction due to the failure to reach an agreement between the Defendant and the headquarters of Italian, but the drawings were finalized on August 2016, and the instant construction re-scheduled.
At the time, the plaintiff did not prepare a written estimate or notify the construction cost, and confirmed that the additional construction cost is less than KRW 20 million to the defendant.
On August 15, 2016, the Plaintiff sent an e-mail claiming KRW 3,113,000 to the Defendant’s person in charge of the instant construction work, which was executed before the instant construction work, as the additional construction cost for the building F and the Defendant factory in the Orcheon-gu E-gu (hereinafter “uncheon-gu Factory”).
E) 1) The Defendant paid to the Plaintiff KRW 15 million on June 15, 2016, KRW 33 million on July 1, 2016, KRW 3,113,00 on August 16, 2016, KRW 40 million on August 22, 2016, KRW 13,00 on September 13, 2016, KRW 20 million on September 30, 2016, KRW 15,000 on October 19, 2016, KRW 141,13,00 on October 31, 2016, and KRW 16,00 on September 26, 201, the Defendant paid KRW 16,00 on September 26, 206 to the Plaintiff for design of the instant construction.