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(영문) 대구지방법원서부지원 2016.10.18 2015가단22780
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Based on the facts, the Daegu Educational University under the Defendant’s control (hereinafter “Defendant University”) publicly announced a bid of KRW 68,419,000 on the estimated amount for the removal of Gangseo-dong, Defendant University (hereinafter “instant construction”). The removal construction specifications attached to the public tender notice, and the construction cost statement prepared by the Defendant University is indicated as follows: (a) the quantity of asbestos construction materials to be removed is KRW 1,081 square meters; (b) the total of KRW 1,106 square meters; (c) the unit price is KRW 29,592; (d) the volume of asbestos to be removed; and (e) KRW 34,200,00 by-products of the other party to the contract (=14 tons x 300,00 won).

On February 13, 2015, the Plaintiff entered into a contract with the Defendant University on the contract amount of KRW 58,801,105 with respect to the instant construction project, February 16, 2015, and March 12, 2015 (hereinafter “instant contract”). The general terms and conditions of the construction contract, which are the established rules of the Ministry of Strategy and Finance, (hereinafter “general terms and conditions”), were included in the contract.

The plaintiff prepared an invoice for the cost of removing asbestos building materials by receiving the cost of construction from the university of the defendant, and adjusted the unit price for the removal of asbestos building materials to KRW 25,432.

After commencing the instant construction, on February 17, 2015, the Plaintiff confirmed that the removal volume of asbestos building materials is the aggregate of 1,114.6 square meters in tent and 339.9 square meters in walls, and 339.5 square meters in walls, which is more than 1,106 square meters in the construction cost statement.

In addition, while carrying out the instant construction, the Plaintiff carried out the installation works to prevent living noise, vibration and dust.

On March 19, 2015, the Plaintiff received KRW 58,801,100 as the completion price of the instant construction from the Defendant.

On July 24, 2015, the Plaintiff received a proposal from the Defendant University to guarantee the construction cost added to the removal works that may be incurred after requesting the modification of the design according to the change in quantity, such as the work to dismantle or remove asbestos, the installation of a rain system, and the by-products from work, among the instant construction works. However, the Plaintiff will only incur losses due to the small amount of contract price.

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