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Reasons
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(영문) 수원지방법원 2017.07.19 2016가단525639
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Evidence 1, A3, A6, A8-1, 3, 4, 5, 6, 6, and B 19, and the purport of the whole pleadings;

A. The Defendant was awarded a contract by the Gyeonggi-do Office of Education for the new construction of the C High School in Suwon-si District B (Housing Site Development Zone).

B. On February 27, 2015, the Plaintiff entered into a contract for construction works between the Defendant and the Defendant with the content that the Plaintiff will undertake the instant construction works by setting the construction cost of KRW 426,80,000 and the construction period from February 27, 2015 to December 26, 2015.

C. Around March 2016, the Defendant transferred Chigh Schools to the Gyeonggi-do Office of Education, and C High Schools changed the name of D High Schools to D High Schools.

The Plaintiff was paid KRW 381,762,210 for the construction cost as shown in the attached Form.

2. The allegations by the parties and the judgment of this court

A. (1) The Plaintiff’s assertion (1) The Plaintiff completed the instant construction work around February 2016.

The Plaintiff received KRW 381,762,210 out of the instant construction cost of KRW 426,80,000,000 from the Defendant, and the Defendant shall pay the remainder of the construction cost of KRW 45,037,790 (=426,80,000-381,762,210) to the Plaintiff.

(2) On September 4, 2015, the Defendant, in response to the Defendant, declared on September 4, 2015, that the instant construction contract was terminated on the grounds that the Plaintiff’s obligee’s claim for the construction cost was provisionally seized and the purpose of the instant construction contract could not be achieved, and thereafter, the Plaintiff did not complete the instant

B. In full view of the purport of the entire arguments in the testimony of Gap 4, Gap 6, Gap 7, Gap 9-1, Eul 2, and Eul 10, and witness E and F, the plaintiff can be acknowledged as having completed the instant construction work around February 2016. According to the above facts of recognition, the defendant is liable to pay the plaintiff the construction cost of KRW 45,037,790 and its delay damages.

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