(영문) 부산지방법원 2019.11.01 2018나46285

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(영문) 부산지방법원 2019.11.01 2018나46285

공사대금

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1. Of the judgment of the first instance, the Defendant-Counterclaim Plaintiff ordered payment of the principal lawsuit exceeding the following amount.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a construction business under the trade name of “C,” and the Defendant is a person who operates a health club (hereinafter “instant health club”) under the trade name of “E” among the buildings located in Nam-gu, Busan.

B. On May 2, 2016, the Plaintiff entered into a contract with the Defendant to determine the contract amount of KRW 150 million (excluding value-added tax) with respect to the instant health club (hereinafter “instant construction”) as the contract amount of KRW 150 million (hereinafter “instant construction contract”).

[Reasons for Recognition] Unsatisfy, Entry of Eul evidence No. 2, the purport of the whole pleadings

2. In full view of the respective statements and arguments as to Gap evidence No. 1 and Gap evidence No. 2 (a written confirmation of settlement of accounts, the defendant's assertion that it was prepared by the plaintiff's deception or coercion, but there is no evidence to acknowledge it), the plaintiff completed the instant construction work around July 2016, and around that time, the plaintiff added additional construction costs to the original contract amount of KRW 150 million with the defendant and the construction work of this case, the total contract amount of KRW 196 million shall be KRW 19,60,000,000 for the construction work amount of KRW 15,000,000,000,000 for the construction work amount received by the plaintiff (i.e., KRW 9,60,000 - KRW 19,15,000,000 for the construction work amount of KRW 19,60,000 for the remaining construction work amount (= KRW 85,660,000,00).

According to the above facts, the defendant is obligated to pay the remainder of the construction price agreed upon to the plaintiff, unless there are special circumstances.

3. The defendant's assertion on the principal lawsuit and the judgment on the counterclaim

A. The Defendant’s assertion did not construct the part that the Plaintiff originally agreed to construct, or changed the contents of the contract differently from the terms and conditions, thereby causing a defect to the instant health club.

Therefore, the Plaintiff.

유사 판례

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-부산지방법원 2019.11.01 2018나46285

-수원지방법원 2017.02.08 2016가단519542

-수원지방법원 2018.03.27 2017나57875

-부산지방법원 2018.02.08 2017가단312380