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(영문) 대구지방법원 2015.06.12 2014가단58648

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant, on October 24, 2014, contracted on October 24, 2014, the construction period for the new construction of the building in the building in the building in the building in the building in the building in the building in the building in the building in the Gyeongcheon-si, Jungcheon-gu, Chungcheongnamcheon-si, Kimcheon-si, from October 24, 2014 to December 24, 2014; the construction cost is KRW 100 million (including value-added tax; KRW 15 million upon commencement of the construction; KRW 25 million upon completion of the indoor finish surveillance; and KRW 60 million after completion of delivery); the fact that the Defendant paid KRW 15 million to the Plaintiff on the same day does not conflict between the parties.

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the construction cost corresponding to the part executed by the plaintiff according to the contract of this case to the plaintiff.

B. Defendant’s assertion 1) The Plaintiff started civil engineering and steel framed construction in accordance with the instant contract, but the basic construction built by the Plaintiff was in violation of the boundary of the road installed in Yongcheon-si, and there was a defect in the construction of steel framed construction. The Plaintiff’s claim in this case was not reasonable since the Plaintiff, upon the Defendant’s assertion, agreed to waive the construction and bear all the construction costs incurred until then, and there was no reason for the Plaintiff’s claim. (B) While the Plaintiff was conducting construction in accordance with the instant contract, there was a dispute between the Plaintiff and the Defendant in relation to the part that the Plaintiff performed in king, while the Plaintiff was performing construction in accordance with the instant contract, regarding the part that the Plaintiff performed in king. (B) Accordingly, on November 13, 2014, the Plaintiff did not request the Defendant to change the construction cost.

I wish to give a letter of waiver.

The down payment paid by the defendant to the king shall be refunded.

The Corporation mentioned to the effect that the Defendant was aware of.

C. On the following day, the Plaintiff sent a text message to the Defendant to the effect that “to have the Plaintiff make a deposit in today’s length, and to request the account number,” and the Defendant is a text message to the Plaintiff.