공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On or around March 2014, the Plaintiff and the Defendant concluded a construction contract (hereinafter “instant construction contract”) with respect to the newly constructed multi-family house as indicated in the attached Form (hereinafter “instant house”) at KRW 540,00,000 for the construction work, and the Plaintiff completed the instant new construction work on September 5, 2014. The Defendant paid KRW 460,000 among the construction cost, and did not pay KRW 31,441,170 for the additional construction cost. As such, the Defendant is obligated to pay the Plaintiff the construction cost unpaid at KRW 111,41,170 for the construction cost.
B. In concluding the instant construction contract, the Plaintiff and the Defendant merely set the construction cost of KRW 3,100,000 per square year on the basis of the building area, and did not set the construction cost of KRW 540,000 per square year. The Defendant paid to the Plaintiff KRW 434,00,000 (=140 square meters x 3,100,000) plus the design cost of KRW 26,60,000,00 for the construction cost of KRW 140 according to the construction area of the Plaintiff. As such, the Defendant did not have any obligation to pay additional construction cost to the Plaintiff.
2. At the time of conclusion of the instant construction contract, the Plaintiff and the Defendant did not prepare the contract.
On the other hand, it is difficult to recognize that the Plaintiff and the Defendant set the construction cost of KRW 540,00,000 at the time of the instant construction contract and the Defendant’s determination of the construction cost of KRW 540,000,00 as alleged by the Plaintiff in light of the evidence No. 2 as to whether the construction cost of the instant construction contract was set at KRW 540,000,000, and there is no evidence to support that the Plaintiff and the Defendant set the construction cost of KRW 540,000 at the time of the instant construction contract.
Therefore, the Plaintiff’s assertion on the premise that the construction cost of the newly built housing was KRW 540,000,000 is without merit.
On the other hand, with regard to the items claimed by the Plaintiff as additional construction cost, the health unit and the Defendant design cost.