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(영문) 수원지방법원여주지원 2015.04.23 2014가합10167

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 March 28, 2013, the Plaintiff concluded a modified contract with the Defendant to increase the construction cost to KRW 105,113,000 due to a change in the design of the instant construction project (hereinafter “instant contract”) on May 14, 2013, for the land aggregate extraction works (hereinafter “instant construction works”) located in the area of 204, Seo-gu, Seo-gu, Seo-gu, 204 (hereinafter “each of the instant land”). < Amended by Act No. 869,860, Mar. 29, 2013; Act No. 11860, May 27, 2013; Act No. 11883, May 14, 2013; Act No. 11871, May 14, 2013; Act No. 11687, May 28, 2013>

B. According to the instant contract, there are soil and drainage pipes, and incidental pipes for each type of construction project. Among them, the detailed construction project contents are non-refilled concrete shoulderers, concrete packaging shoulderers, concrete packaging cutting, waste parking expenses, soil scale, stop, stop, embling transport, embling of soil between bridges, embridges, air, and bridges.

【Fact-finding, Gap’s 1 through 4, Eul’s 1, 2, 8, 13 through 24, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts that the plaintiff primarily completed the construction work of this case under the construction contract of this case, and the defendant is obligated to pay the plaintiff the construction cost of KRW 105,113,00,00, and the defendant is obligated to pay the plaintiff the remainder of the construction work, excluding the construction work for the concrete package breaking and cutting, waste parking expenses, and part of the appurtenant work among the earth and sand of this case. Thus, the defendant is obligated to pay the above construction cost of KRW 99,105,485 (=the total construction cost of KRW 105,113,00 - the construction cost of KRW 6,07,515).

B. (1) The plaintiff and the defendant shall pay the price under the contract of this case.