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(영문) 광주지방법원 2016.05.20 2015나10949
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's selective claims added in the trial are dismissed.

3. Appeal.

Reasons

1. Basic facts

A. On December 8, 2014, the Plaintiff concluded a contract for construction works with Naju-si and Contiguous-si (hereinafter “instant access road construction”) with the construction cost of KRW 621,670,000, and with the construction period from December 15, 2014 to May 28, 2015.

(hereinafter “the instant access road construction contract”). B.

B. On November 20, 2014, the land owned by the Defendant: D 2,635 square meters (hereinafter “instant land”) was divided into D 1,755 square meters and E 880 square meters. Of these, E 880 square meters were incorporated into the instant access road site.

C. Meanwhile, from March 14, 2015, the Plaintiff from March 14, 2015

5. Until October, 2010, part of the instant land was subject to land annexation construction (hereinafter “instant molding construction”) and from March 29, 2015

4.1. up to January, 200, during the period between 7,975 square meters in Fgymna-si and 40,878 square meters in G ditch in Naju-si, which is owned by Jeonnam-do, and the ownership of the Republic of Korea, carried out a monthly wall construction to prevent water inundation that flows out of drainage channels.

(hereinafter referred to as “the instant monthly wall construction”; hereinafter referred to as “the instant monthly wall construction” and “each of the instant monthly wall construction”). 【The grounds for recognition ] The fact that there is no dispute, Gap’s entries in Gap’s 1 through 7, 12, Eul’s 1, 3, 5, 7, and 9 (including the provisional number; hereinafter the same), the purport of the entire pleadings.

2. The parties' assertion

A. In the course of discussing the incorporation of part of the instant land among the instant land as to the access road and the compensation therefor between the Plaintiff and the Defendant, the Defendant demanded each of the instant construction works under the condition that the Plaintiff consented to the said incorporation. Each of the instant construction works appears to be required to be total of KRW 20,00,000. Of these, KRW 2,00,000 among them would be borne by the Plaintiff, and if the total construction cost actually spent is less than KRW 5,00,000,000, the head of the Plaintiff’s site shall be borne by the Plaintiff, and if so, the Defendant will bear a certain portion of the construction cost and execute each of the instant construction works.

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