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(영문) 수원지방법원 2019.05.16 2018나63167
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid next to that of the judgment shall be revoked.

Reasons

1. Facts of recognition;

A. On April 22, 2014, the Plaintiff received construction amount: 25,00,000 won, and construction period: From April 30, 2014 to June 30, 2014, the rate of liquidated damages: 0.02%, and the completed amount: KRW 0.3 million on April 28, 2014; KRW 70,700,000 on May 19, 2014; KRW 7,700,000 on June 7, 2014; and KRW 308,00 on June 30, 2014; and KRW 200,000 on April 28, 201; and KRW 300,000 on June 19, 2014.

(hereinafter “instant contract”). (b)

According to Article 8 of the Terms and Conditions of the instant contract (Evidence 1) of the General Conditions, the unit price for the increased or decreased construction when the additional facilities and additional construction is required is determined by mutual agreement (Paragraph 3). As to the calculation of the amount for the increased or decreased construction, labor cost, material cost, general management cost, and profit, etc. are applied to the unit price indicated in the estimates (Paragraph 5). The increased additional costs incurred due to the additional construction are stated to the same purport as “the performance of construction after the deposit of the advance payment (Paragraph 6).

C. On April 28, 2014, the Plaintiff commenced the instant construction and completed the said construction on August 26, 2014, and the said construction was paid to the Plaintiff KRW 187,00,000 out of the construction cost of the instant case.

On the other hand, at the bottom of a written estimate (No. 4, hereinafter “the instant written estimate”) prepared by the Plaintiff concerning the instant construction project and delivered to the said B (hereinafter “the instant written estimate for construction project”), the Plaintiff stated to the effect that “the details of non-content: Additional dues: various authorization and permission costs, electricity extension costs, guest room management, fixtures, bedclothes, and construction works, other than the estimated cost, shall be carried out by re

E. B died on April 11, 2018, which was after the judgment of the first instance court, and Defendant L, the only inheritor, took over the lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff.

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