공사대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 2015, Defendant Jinjin Construction contracted the construction of the 3rd floor D funeral hall (hereinafter “instant funeral hall”) on the third floor D in Gyeyang-gu, Incheon (hereinafter “the instant funeral hall”). Defendant B was awarded a subcontract from Defendant Jinjin Construction on March 15, 2015 for the construction of the instant mold, steel bars, concrete works (including snow and miscellaneous materials) during the said construction. The Plaintiff was awarded a sub-subcontract for steel bars, concrete works (including rain and equipment), and the said subcontract (hereinafter “the instant subcontract”). The main contents of the instant contract are as follows.
A construction period: The total floor area on March 15, 2015, October 30, 2015: 1,300 square meters: 120,000 won in total: 156,00,000 won in the month following the end of the month following the due date of payment of the price in KRW 156,00,000.
Any balance: The settlement shall be made at the time of the non-compliance cancellation after the completion of the aggregate.
B. On December 29, 2015, the instant funeral hall obtained approval from the Gyeyang-gu Incheon Gyeyang-gu Office for the use of the building owner as the building owner company, the building area of 1,673.56 square meters, the total floor area of 3,850 square meters (1,167 square meters).
C. Meanwhile, around July 2015, the Plaintiff completed construction under the instant contract. From April 11, 2015 to October 20, 2015, the Plaintiff received KRW 117,336,000 in total from Defendant B, and KRW 38,664,000 in total from Defendant Jinjin Construction.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. The plaintiff's assertion is that the plaintiff, while proceeding with the subcontract work on the funeral hall of this case, he actually constructed four floors exceeding the three floors designed and permitted. Accordingly, the plaintiff's construction area was increased by 646 square meters above the original total floor area of 1,946 square meters. Accordingly, the defendant Eul recognized the increase in the construction area and promised to pay additional construction cost for the increased area. Thus, the defendant Eul promised to pay additional construction cost for the increased area.