2016 Ghana 55611 Construction Price

Youngwon Construction Co., Ltd.

Co., Ltd.

2017, 8.30

September 20, 2017

1. All of the plaintiff's claims are dismissed.

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

The defendant shall pay to the plaintiff 154,60,000 won with 5% interest per annum from May 21, 2014 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of full payment.

1. Basic facts

On February 12, 2014, the Plaintiff: (a) determined the construction period from February 17, 2014 to May 20, 2014; and (b) received from the Defendant the construction cost of KRW 282,60,000 with respect to earth and sand construction and pelvis construction (hereinafter “instant construction”) among the construction works for neighboring officetels 130-2 in the Hanwon Sea, Gangwon Sea.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Assertion and determination

A. The plaintiff's claim

The Plaintiff completed the instant construction work by May 20, 2014, and brought KRW 20,000,000 at the Defendant’s request. However, the Defendant paid KRW 148,000,000 out of the construction cost.

The Defendant is obligated to pay the remaining construction cost of KRW 154,60,000 (=282,600,000 for this construction cost + KRW 20,000 for additional construction cost - KRW 148,00,000 for additional construction cost) to the Plaintiff.

B. Determination

1) Determination as to the claim for the construction cost

The Plaintiff did not have any evidence to support the completion of the instant construction by May 20, 2014. Rather, according to the evidence Nos. 1, 2, 2, and 3, the Plaintiff received a down payment of KRW 30 million from the Defendant on February 13, 2014, and reduced the construction cost of the instant construction by KRW 280,000. The Plaintiff, on May 6, 2014, was scheduled to complete the instant construction by May 27, 2014, and issued a letter of commitment to receive KRW 5 million from the contract price, and the Plaintiff, on May 27, 2014, issued a letter of commitment to receive KRW 5 million from the contract price, and each of the instant construction works is acknowledged to have been executed by up to the second floor among the instant construction works scheduled to have up to three floors on the ground to the Defendant around 2016, and each of the instant construction works appears to have not been completed.

Therefore, the plaintiff can only claim the additional construction cost in the event that there was an additional construction work from the amount obtained by multiplying the fixed rate of the construction cost by the amount of KRW 275,00,000 that the plaintiff had already been paid by his own reduction of the construction cost, and there is no evidence to acknowledge the fixed rate of the part executed by the plaintiff.

2) Determination as to the claim for additional construction costs

There is no evidence to prove that the plaintiff had conducted additional construction at the request of the defendant.

3. Conclusion

All of the plaintiff's claims are rejected.

Judges No. Doo