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(영문) 서울동부지방법원 2016.12.07 2015나26131

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 26, 2013, the Plaintiff entered into a contract for construction with the Defendant and Songpa-gu Seoul (in the case of heading 1, 2, 1, and 1, 2, 300,000,000 won (excluding value-added tax) that is manufactured and installed two elevator units (in the case of heading 1,00, 2, 1,

After that, the plaintiff and the defendant concluded a modified contract for four times as follows.

1) The first modified contract: (a) on April 10, 2013; (b) on April 10, 2013, the term “the first modified contract” changed to the pipe type (in the form where the entrance is installed in the elevator car); (c) on the two sides of the elevator unit; (d) on the other hand, one elevator entrance is added; and (e) on the other hand, the construction cost was increased to KRW 9,00,000 (excluding value-added tax); and (e) on October 2, 2013, the second modified contract: (c) on October 2, 2013; and (d) on the other hand, part of the construction work was changed to KRW 200,00.

3) The third modification contract: JP100 of the total floor JAB (three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and thirty and three hundred and three hundred and three hundred and thirty and one hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and three hundred and one and three hundred and three hundred and three hundred and three hundred and one and three hundred and three hundred and one and three hundred and three hundred and three hundred and three of the three separate contracts are revised on April 24, 2014.

B. On June 28, 2013, the completion inspection on the two elevator installed by the Plaintiff was completed, and the Defendant finally accepted two elevator units on September 6, 2014.

C. The Defendant did not pay 15,400,000 won out of the construction price under the fourth modified contract to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3 and 5, and the purport of the whole pleadings

2. Assertion and determination

(a)the cause of the claim;