(영문) 광주지방법원 2017.07.28 2016나5975 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.07.28 2016나5975

공사대금

Text

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

Reasons

1. Basic facts

A. On July 17, 2015, the Plaintiff entered into a construction contract with the Defendant to remove the rocks of land C (hereinafter “instant construction contract”) owned by the Defendant at the time of leisure and water (hereinafter “instant land”) with the construction cost of KRW 5,500,000 as indicated below (hereinafter “instant construction contract”). Since then, the construction cost was increased to KRW 6,00,000.

The construction contract for the removal of the base of the instant land owned by the Defendant is as follows.

1. The owner refers to “A” and the owner “D” refers to “B.”

2. The construction cost shall be KRW 5,500,000.

3. “A” shall pay fifty percent (50%) simultaneously with input.

4. “A” shall pay 50% on the steel file.

5. “B” steals 15 cm or 20 cm from the present floor at the request of “A”.

6. The removed rocks are responsible for and dealt with by “B”.

B. On July 20, 2015, the Plaintiff removed rocks on the instant land, and loaded the removed rocks using dump trucks, etc.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 2 and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the Plaintiff the construction cost of KRW 6,000,000, unless there are special circumstances.

B. The Defendant asserts that the Defendant agreed to reduce the construction cost of the instant case by KRW 4,00,000,000, excluding the Plaintiff and the instant construction cost, even though the Plaintiff agreed to do the instant construction work by using the scackers using the scackers, which generated noise and vibration, even though the Plaintiff agreed to do so by using the scackers.

However, the evidence presented by the Defendant alone agreed that the Plaintiff and the Defendant agreed to use the instant construction work as a non-vibration method using the machinery.

or the cost of construction has been reduced to KRW 4,000,000.

유사 판례

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