공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff, at the end of May 2016, was awarded a contract by the Defendant for the new construction of a house for an elderly C in Gyeongbuk-gun (hereinafter “instant construction”) with the price of KRW 11,7450,000,000 in total and the construction period from July 7, 2016 to November 201, 2016.
(W) The contract document will be drawn up as of July 7, 2016 (hereinafter “instant contract”). (b)
After entering into the instant contract, the Plaintiff ceased to perform the instant construction work from June 5, 2016 to November 23, 2016, and the Defendant paid a total of KRW 80 million to the Plaintiff as construction cost under the said contract.
C. After suspending the instant construction work, the Defendant performed the construction work that the Plaintiff did not perform at the Defendant’s expense and completed the said construction work on January 2017.
Meanwhile, in the process of the instant construction project, the Plaintiff was engaged in some additional construction works (such as multi-use entrance doors and boiler rooms) other than the originally agreed construction works, in consultation with the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 to 4 (including paper numbers; hereinafter the same shall apply), part of Gap evidence 2, the purport of the whole pleadings
2. The agreement and additional construction cost under the contract of this case asserted by the Plaintiff are KRW 15,5260,000 in total (i.e., the agreed construction cost of KRW 11,7450,000 in addition to the agreed construction cost of KRW 37,810,000 in total), and the Defendant is obligated to pay only the construction cost of KRW 80,000 in total to the Plaintiff. Since the Plaintiff did not execute the above construction cost of KRW 10% in total, the Defendant is obligated to pay the remainder of KRW 5,603,00 in total (i.e., the fixed construction cost of KRW 15,5260 in total - KRW 8,5260 in total - KRW 19,657,00 in non-construction portion) and delay damages therefrom to the Plaintiff.
3. The judgment alone is based on the ratio of the construction work of this case that the Plaintiff had to receive.