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(영문) 부산지방법원 2017.04.28 2016나47932

공사대금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

(b) the facts of the basis;

A. On January 6, 2015, the Plaintiff entered into a contract with the Defendant for the extension of “D church” on the ground of “D church” (hereinafter “instant construction”). The main contents are as follows.

【D Contract for Extension of church】

1. Construction name: Construction work for expanding D churches;

2. The construction site: Busan Northern-gu C.

3. Period of construction: Up to two weeks: January 6, 2015 * The total amount of construction on January 2015 : 25,000,000 won (Additional tax separate).

5. The payment method for the construction cost: The first (50%) second (50%) of the down payment panel construction: (40%) at the time of the completion of the work for the assistance of the interior works: (10%) at the time of the completion of the work (10%) at the time of completion; and (4) after completion.

1. The construction works of extending approximately 1.7 meters in the direction of the auditorium;

2. It shall be constructed with the roof board of the second floor bend floor under T50; and

B. The Plaintiff received KRW 22,500,000 in total from the Defendant’s payment of the instant construction work.

C. In addition to the instant construction contract, the Plaintiff presented to the Defendant a statement of additional construction work equivalent to KRW 2,830,000 in total, including asphalt Busan, etc., and the Defendant settled the said amount after closing the said statement by 100%.

'Written’ and signed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) Even though the Plaintiff completed the instant construction work and the Defendant’s additional construction work, the Defendant is obligated to pay KRW 6,520,000 in total, including the remainder of the construction cost of this case 2,50,000 and value-added tax 2,50,000 and value-added tax 1,520,000, and additional construction cost. The Defendant voluntarily left the remainder of the construction work to another construction business operator even though the instant construction contract was terminated. Accordingly, the Defendant was subject to the terms of the remainder payment or settlement of the construction cost of this case, and thus, the Defendant is obligated to pay the said money.

3. The defendant unilaterally terminated the construction contract of this case.