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(영문) 대구지방법원 2019.05.01 2018나3494

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. The parties' assertion

A. On May 1, 2017, the Plaintiff entered into a contract with the Defendant to accept the portion of the miscellaneous and steel works among the C works for the construction cost of KRW 48,400,000 (hereinafter “basic construction works”) and completed the construction works (hereinafter “additional construction works”) equivalent to KRW 11,00,000 upon receipt of a request from the Defendant for additional construction works (the amount discounted by KRW 11,340,000, or KRW 340,000 in a written estimate).

However, the Defendant did not pay the remainder of KRW 19,400,000 from the total construction cost of KRW 59,400,000 to the Defendant’s basic construction work and additional construction work cost of KRW 59,40,00,000. Thus, the Plaintiff seek against the Defendant the payment of KRW 19,40,00.

B. The Defendant concluded a subcontract only with the Plaintiff and the Plaintiff, and did not request additional construction works to the Plaintiff, and all the details of additional construction works claimed by the Plaintiff are included in the basic construction works.

Therefore, the Plaintiff’s claim cannot be accepted as to KRW 11,00,000 of the additional construction cost, excluding the Defendant’s unpaid amount of KRW 8,400,000, out of the Plaintiff’s claim amount.

2. With respect to the conclusion of an additional construction contract equivalent to KRW 11,00,00 between the Plaintiff and the Defendant, and whether the Plaintiff completed the additional construction work, the purport of the entire pleadings is added to the statement or image of evidence Nos. 2, 3, and 7 through 9, as to whether there is no dispute between the parties, or the Plaintiff’s completion of the additional construction work, according to the following: (i) the Plaintiff agreed to perform the construction work in accordance with the written estimate No. 13, Jun. 13, 2017 (hereinafter “basic construction estimate”) (this is recognized by the Defendant’s preparatory document No. 23, Feb. 23, 2018); (ii) the Plaintiff’s estimate prepared on July 31, 2017 (No. 2; hereinafter “additional construction estimate”) written in the item column of the product name column, columns, columns reinforcement, straw-type, body-level general, lid-level, lid-level, lid-man, stalleg.