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(영문) 서울서부지방법원 2015.09.24 2015나31760
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. On July 26, 2012, the Plaintiff, the cause of the Plaintiff, as a person operating a fire-fighting facility business, concluded a contract for construction works (hereinafter “instant contract for construction works”) with the Defendant for the construction cost of KRW 93.5 million (including value-added tax; hereinafter the same shall apply) and the construction period from August 2012 to November 30, 2012 with regard to fire-fighting facility construction works located in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant construction works”), and completed the said additional construction works on or before February 2013, and completed the said additional construction works upon separate request of the Defendant in an amount equivalent to KRW 7.9 million among the said construction works. However, the Defendant asserted that the construction cost was paid KRW 84 million in total, and that the remainder of the construction cost was paid KRW 1,7410,000 ( KRW 359,791-8,400,000).

2. In full view of each statement in Gap's 1, 4, 6 through 8, and Eul's 1 through 3 (including paper numbers), the defendant must recognize it if the plaintiff is deemed to have undergone a completion inspection of a fire station only if it is inevitable for the plaintiff to modify the design and make additional construction in the course of performing the construction of this case, and the fire-fighting relations following the completion inspection of the fire station after the completion of the construction of this case shall be responsible for the plaintiff. ② Nevertheless, the plaintiff has suspended construction without completion of all construction works (including water base installation works and broadcasting facility installation works) required for the completion inspection of the fire station until November 30, 2012,

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