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(영문) 청주지방법원 2016.12.14 2016가합20838

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 13, 2012, the Defendant was awarded a contract for KRW 2,983,305,00 with the “C Corporation” (hereinafter “C Corporation”). The construction cost was increased five times from December 14, 2013, and the final construction cost was set at KRW 7,269,00,000, equivalent to KRW 244% of the construction cost.

B. The Plaintiff received a contract from the Defendant for the Changho Metal Corporation, on December 18, 2013, for the Changho Metal Corporation, on November 21, 2014, for metal and other miscellaneous works, and packing works (hereinafter referred to as “winho Lake, etc.”), and the construction cost was increased to KRW 2.4 billion in total by 2.5 billion around April 2015.

The plaintiff completed the construction work, such as Chang Ho, and received full payment from the defendant.

C. Nonparty D Co., Ltd. (hereinafter referred to as “D”) receives a contract from the Defendant for a reinforced concrete construction work of KRW 718.3 million on May 2013, and KRW 26.8 million on October 25, 2013, respectively. On December 1, 2014, the construction cost of a reinforced concrete construction work was increased to KRW 8.3 billion and the construction cost of a civil engineering work was reduced to KRW 220 million.

From June 2013 to July 2014, the Defendant paid KRW 1 billion as the construction price of each of the above construction works to D.

[Ground of recognition] Facts without any dispute, Gap evidence Nos. 1, 12 through 18, Eul evidence Nos. 1, 2, 4, and 5 (each number is included; hereinafter the same shall apply), each fact inquiry result and the purport of the whole pleadings against the Jincheon-gun Office of the Republic of Jincheon in this Court

2. Claim for the construction cost of reinforced concrete construction and civil engineering works;

A. The construction price increased by approximately 244% due to the design change, increase in quantity, etc., for C Corporation contracted by the Defendant by Jincheon-gun, asserting the Plaintiff as to the claim under the construction contract with the Defendant.

D, however, even though the design change and increase in quantities around August 2013, it is only about 50-60% of the progress of reinforced concrete construction and civil engineering works within the existing construction cost.