(영문) 서울동부지방법원 2015.02.04 2013가단124825

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(영문) 서울동부지방법원 2015.02.04 2013가단124825

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C (contractor) and the Plaintiff (contractor) on June 3, 2013, the Defendant’s ancillary to the Defendant’s wife, as the price for the interior work of the Embian Institute D (hereinafter “the Embian Institute”), 90,000,000 won (excluding value-added tax) and the period from June 4, 2013 to the same year.

8.3. By the end, the contract was concluded.

B. On July 4, 2013, the Defendant (contractor) and the Plaintiff (contractor) concluded a contract with the Songpa-gu Seoul Metropolitan Government “Housing Remodeling Corporation” (hereinafter “instant Housing Corporation”) for the payment of KRW 28,000,000 (excluding value-added tax), and the period from July 2, 2013 to the 18th day of the same month.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleadings.

2. Determination of the parties' arguments

A. (1) The Plaintiff’s assertion (1) completed the instant housing construction, and the Defendant did not pay KRW 8,000,000 of the agreed construction cost and KRW 2,800,000 of the value-added tax.

In addition, around August 2013, at the Defendant’s request, the Plaintiff performed the removal and construction of the main gate and fence in relation to the instant housing construction, removal and new construction of the fence of the parking lot, and the construction cost is KRW 9,200,000.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 20,000,000 (= KRW 8,000,000) in total for the agreed construction cost and additional construction cost (= KRW 9,200,000).

(2) On August 25, 2013, the Plaintiff promised to waive the construction cost if the remaining construction is not completed by August 25, 2013, and on the ground that the instant housing construction was not completed by the date of promise, the Plaintiff waived the construction cost.

B. First of all, there is no evidence to support the fact that the Plaintiff completed the instant housing construction and that there was additional removal and construction of the main gate and fence, removal of the fence of the parking lot and new construction in addition to the details of the agreement on the instant housing construction.

In addition, the plaintiff also did.

유사 판례

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