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(영문) 창원지방법원통영지원 2020.11.05 2020가단12034
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. A. Around October 2018, the Plaintiff entered into a contract for construction supply and demand as seen below with the Defendant and entered into the relevant contract on December 4, 2018. The content of the contract is ① “D building (former title: E building: hereinafter “instant building”) remodeling and building construction (the content of construction: installation of a first floor and second floor interior and an elevator outside the building), which are neighborhood living facilities of the fourth floor located in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant owned, KRW 160 million, ② the price for remodeling construction of the first floor of the instant building; ② KRW 110,000,000; ③ the price for remodeling construction of the instant building; ④ the “construction works for the 80,000,000 won,” and ④ the price for construction works for the rooftop housing facilities of the instant building (the content of construction works: construction works for the 1,010,000 won, and the price for construction works for the instant building (hereinafter “the instant construction”).

B. From October 28, 2018 to November 30, 2018, the Defendant paid the Plaintiff KRW 180,000,000 at the construction cost to the Plaintiff (i) through (iii) KRW 180,000 at the construction cost, and (iv) KRW 70,000 at the construction cost, and paid KRW 250,000,000 in total.

C. On December 28, 2018, the Defendant completed construction (1) through (3). However, the Defendant did not install any elevator included in the construction (1) or (3), and (4) removed two existing houses and suspended the construction without installing only 4 studio 4 columns.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 7, Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion 1 Plaintiff agreed to reduce the construction cost of KRW 60 million with the Defendant as it was impossible for the Defendant to install an elevator included in the first or third construction works, and the construction cost was completed (1) through (3) and the Corporation ceased to pay the design cost and the diagnosis cost of structural safety to be borne by the Defendant.

The plaintiff shall be the sum of the construction cost from the defendant.

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