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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 23, 2016, the Plaintiff entered into a contract for the construction of stairs (hereinafter “instant construction contract”) with the Defendant to determine the amount of KRW 32,50,000 as to detached houses on the ground of the 522 ground prior to the wife population C in Permitted-si.
【Ground for Recognition: Statement of Evidence 1】
2. The parties' assertion
A. After the conclusion of the instant construction contract, the Plaintiff concluded the construction contract by modifying the construction contract to KRW 39,970,000 by strengthening the above construction work on September 6, 2016, adding the current metal glass work, and the underground multi-purpose metal glass work.
On July 21, 2016, by submitting the first drawing to the Defendant and obtaining confirmation from the Defendant, including the site director, the first construction was conducted on September 2, 2016. After consultation with D and E warden, the Defendant submitted and confirmed the second drawing on September 20, 2016, and completed the second construction in accordance with the agreed drawings on September 27, 2016.
The plaintiff completed most of the construction works except for the portion of the non-establishment of the Hand, but the defendant does not pay the construction cost. The defendant is obligated to pay the plaintiff 29,567,000 won (the construction cost of KRW 39,970,000,000 for the portion of the non-establishment of the Hand-day (the additional tax of KRW 3,597,000 for the amount of KRW 3,597,000 for the advance deduction of KRW 10,000) and damages for delay.
The plaintiff and the defendant agreed to execute the construction of Gap evidence No. 2.
B. The Defendant asserted that the instant construction contract was concluded with the Plaintiff on June 23, 2016, and did not conclude a modified construction contract on September 6, 2016.
The defendant has not received the first and second drawings from the plaintiff, and there is no difference between the fact that the head of the site office has confirmed and consulted.
On September 2, 2016, the first construction was completed, but the rail height did not fit.
Although the plaintiff requested construction by specifically presenting 110cc height of the rail 110cc, on September 27, 2016, the plaintiff was dismissed by 110-130cm for the rail straw 110-130cm, and the defendant rescinded the contract on October 10, 2016.
The plaintiff does construction work, such as hand Hand.