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(영문) 인천지방법원 2018.03.15 2016가단241712
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 30, 2015, the Plaintiff: (a) constructed two-story detached houses on the land owned by Defendant B; and (b) received contracts from Defendant C as KRW 282,00,000 for each construction cost for the new construction of two-story detached houses on the land owned by Defendant C on the same day; and (c) constructed two-story detached houses on the land owned by Defendant C;

(hereinafter referred to as the "Initial Construction Works". The first construction contract was concluded by the Defendant respectively, but the contract was concluded with the same aim to build two houses in the same specifications, and the final construction price calculated as the contract was also paid in 1/2 by the Defendants.

From October 13, 2015 to March 17, 2016, the Defendants paid KRW 500,000,000 in total, respectively, from October 13 to March 17, 2016.

C. During the construction process, new specifications were added to the first construction (hereinafter “additional construction”), and the Plaintiff demanded 130,495,000 won as the additional construction cost, and the Defendants only demanded the additional construction cost, but did not proceed with the construction work any longer.

Therefore, on May 3, 2016, the Plaintiff and the Defendants agreed to the following contents:

(hereinafter “instant agreement” (hereinafter referred to as the “instant agreement”). [The main contents of the instant agreement] ① The initial construction cost is KRW 564,00,000,000, the additional construction cost is KRW 67,700,000, and the additional construction cost is KRW 500,000,000, the remainder is KRW 131,70,000 (hereinafter “the remainder”).

② The remainder of the instant case is KRW 131,00,000. The Defendants are obliged to pay the additional amount when they are designated and purchased as high-class materials than the initial estimate.

③ The remainder of this case is KRW 131,700,000 and cannot request the owner to pay the balance.

(4) Alleys and the current part of alleys shall be determined by both parties by requesting an appraisal business entity to make a decision under mutual agreement.

Before the agreement of this case, the Plaintiff demanded.

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