logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.08.14 2018나65117
공사대금
Text

The part against the plaintiff (Counterclaim defendant) corresponding to the amount ordered to be paid under the judgment of the first instance shall be revoked.

Reasons

Basic Facts

A. The plaintiff is a person who runs a construction business with the trade name of "C", and the defendant was a person who resides in the plaintiff's neighboring village.

B. Around April 2014, the Plaintiff was awarded a contract with the Defendant for the construction work of newly constructing a farming house (hereinafter “instant housing”) with the size of 25 square meters and the size of a warehouse of 10 square meters in the area of the warehouse at the Donan-gun, Yan-gun (hereinafter “instant construction”) as the construction cost of KRW 95 million.

(hereinafter “instant contract”). C.

On June 24, 2014, the Plaintiff commenced the instant construction and completed the construction, and obtained approval for the use of the instant housing from the competent authority on June 12, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 7 and 9, and judgment as to the plaintiff's claim of the whole purport of pleading

A. During the construction process of the instant case, the Defendant asserted that the Plaintiff was not included in the original contract of this case, namely, a retaining wall construction, a boiler room construction, and a multi-use room construction, and the Plaintiff additionally constructed the said construction.

Expenses incurred due to the above additional works: ① the expenses incurred in the retaining wall construction (hereinafter referred to as “the first retaining wall construction”) constructed by the Plaintiff at the request of the Defendant in June 2014, KRW 8,353,024, ② the location of the village sewage pipe as requested by the Defendant during the first order from July 2014 to the middle order of the same month; ② the Plaintiff changed the location of the retaining wall installed in front of the retaining wall constructed in accordance with the first retaining wall construction; install a frying house in front of the retaining wall installed in accordance with the first retaining wall construction; (hereinafter referred to as “the second retaining wall construction”) expenses incurred in the construction (hereinafter referred to as “the second retaining wall construction”), 1,240,838, and (iii) the Plaintiff constructed by piling block in front of the village sewage pipe on October 2014.

Cost 2,063,752, ④ cost 1,640,047 for boiler rooms, ⑤ cost 5,534,400 for multi-use rooms.

Therefore, the defendant is the sum of the above additional construction costs.

arrow