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(영문) 의정부지방법원 고양지원 2018.08.22 2017가단18005
공사대금 지급의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 25, 2017, the Defendant concluded a contract with the Plaintiff on April 25, 2017, setting the construction cost of KRW 160 million (including value-added tax) and the construction period from April 26, 2017 to June 20, 2017, with the construction period of KRW 160 million (including value-added tax) for the instant construction work.

(hereinafter referred to as “instant contract.” At the time of the instant contract, the Plaintiff and the Defendant are conditionally fulfilled if the Defendant wishes to engage in the “main construction (120 million won) and the studio additional construction (40 million won), and the design alteration (2nd floor housing) following the additional construction (2nd floor) is recognized by the Plaintiff and included in this contract.

B. On the date of the contract, the Defendant paid the Plaintiff KRW 50 million with the down payment and the down payment, and thereafter paid KRW 51 million for the additional construction cost. (c) On April 21, 2017, the instant building was constructed with the main purpose as “Class I neighborhood living facilities (retail stores)” but the main purpose of the building was changed from May 19, 2017 to a single house (one household/Class I neighborhood living facilities (retail stores), and the instant building was completed in accordance with the changed permission.

[Grounds for Recognition: Evidence No. 1, 2, 3, 4, Evidence No. 7-1, 2-2, and the purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff asserted that the construction amounting to KRW 12.75 million was not completed among the instant construction works. As such, the Plaintiff’s claim was 14,7250,000,000, which deducts the said amount from the construction cost of KRW 160,000 as stipulated in the instant contract.

As permission for the building of this case is modified and the outer wall of the building of this case is constructed as an agent, the plaintiff added the additional construction work, and the additional construction cost is KRW 3,0250,000.

Ultimately, the payment of the construction cost to be paid by the Plaintiff from the Defendant is KRW 177,50,000,000,000,000,000 until now, and the Defendant paid only KRW 1,100,000 to the Plaintiff.

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