공사대금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 12, 2014, the Plaintiff: (a) determined the construction period from February 17, 2014 to May 20, 2014; and (b) received construction payment of KRW 282,60,000 for soil and sand construction works and aggregate construction works (hereinafter “instant construction works”) from the Defendant among the construction works of neighboring officetels 130-2, an implied vibration in Gangwon Sea.
[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]
2. Assertion and determination
A. The Plaintiff filed a claim, by May 20, 2014, completed the instant construction work and brought KRW 20,000 upon the Defendant’s request, into additional construction work. However, the Defendant paid KRW 148,00,000 out of the construction cost.
The Defendant is obligated to pay the remainder of the construction cost of KRW 154,60,000 to the Plaintiff (=282,60,000 for additional construction cost of KRW 20,000,000 for additional construction cost of KRW 148,00 for additional construction cost of KRW 282,60,000 for the Plaintiff).
B. According to the Plaintiff’s determination as to the claim for construction cost of this case 1, May 20, 2014, there is no evidence supporting the completion of the instant construction work by May 20, 2014, and rather, according to the Plaintiff’s written evidence Nos. 1 and 2, and evidence Nos. 1 and 3, the Plaintiff paid KRW 30 million from the Defendant’s down payment on February 13, 2014, and reduced the construction cost of this case to KRW 280,000. The Plaintiff, on May 6, 2014, planned to complete the instant construction work until May 27, 2014, prepared and delivered a letter of commitment to receive KRW 5,00,000 from the contract price, and the Plaintiff appears to have not completed the construction work of this case since it was acknowledged that the Plaintiff sent out to the Defendant up to 20,000 won among the instant floors scheduled to have up to the third floor on the ground around 2016.
Therefore, the Plaintiff, as a result, had paid the amount calculated by multiplying the construction cost by the amount of KRW 275,00,000, which was paid by the Plaintiff’s own reduction of the construction cost, and there was an additional construction.