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(영문) 서울중앙지방법원 2010.07.22 2010가합1956

전기공사대금

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 November 23, 2004, the Plaintiff subcontracted the electrical construction (hereinafter “the first construction”) among the new apartment construction on the land (including value-added tax) on the 1,155,000,000 won on the land (hereinafter “the first construction”) from the Defendant on the land (hereinafter “the first construction”) and completed the construction work on September 30, 2007. (b) On December 29, 2006, the Plaintiff subcontracted the construction work on the 1,493,000,000 won on the land (including value-added tax) on the 375 and 10 lots of new apartment construction (hereinafter “the second construction”) on the land (hereinafter “the second construction”) on the 1,493,000,000 won and completed the construction work on June 5, 2009.

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

2. Determination

A. The details of the initial contract with respect to the primary construction of the gist of the Plaintiff’s assertion were Korea Industrial Specifications. However, according to the conclusion of the WTO Agreement and the revision of the Electric Appliances Safety Control Act and the KS Specifications, only electric wires and cables have been manufactured, distributed, and sold in conformity with the IEC international standards. Accordingly, according to the Defendant’s instruction, the Plaintiff required additional construction costs of KRW 338,90,000 by using electric wires and cables as the IEC standard.

As the design of the defendant was changed to the design of the second construction, the number of construction works for the apartment unit installation works, the automatic location installation works for the household, the installation of emergency lights, and the installation works for the installation works of the volatilen Center increased to the original contract details, the additional construction costs of KRW 225,100,00 have been required.

Therefore, the defendant is obliged to pay the plaintiff the sum of the above additional construction costs of KRW 564,00,000 and damages for delay.

B. (1) Determination of the Plaintiff’s assertion 1) The fact that the specifications of the electric wires and cables installed in the primary construction are changed from the Korean Industrial Standards (KS) to the IEC international standards does not conflict between the parties, but the testimony of the witness A alone is not the same.