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(영문) 수원지방법원 2015.10.14 2015나868
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. Basic facts

A. On November 4, 2011, the Defendant entered into a contract with Hoho T&C Co., Ltd. (e.g., that its trade name was changed to “ Hoho Construction Co., Ltd.” hereinafter) by setting the total amount of KRW 3,685,00,000 (including value-added tax) for the construction of a cutting factory, security control factory, and factory in the defendant factory complex located at 744-80, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si (hereinafter “instant construction”) as of January 31, 2012.

B. The Plaintiff was awarded a subcontract for the instant electrical construction among the instant construction works from the Hoho Comprehensive Construction.

C. Since then, the Defendant and Hoho Construction increased the amount of the instant construction and entered into a modified contract under which the completion date will be delayed (hereinafter “instant modified contract”) several times.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The Plaintiff asserts that the Defendant did not pay KRW 49,00,000 to the Plaintiff even if the Plaintiff completed the construction by directly requesting the Plaintiff to perform the additional construction for the modification of the design of the instant construction, while concluding a modified contract on the additional construction for the modification of the design of the instant construction.

According to the testimony of the witness A of the trial court, the Plaintiff was fully paid KRW 500 million as agreed upon by the first comprehensive construction from April 2013 to May 2015. However, the witness A, regardless of the first comprehensive construction, did not know whether the Plaintiff entered into an additional construction contract with the Defendant for the electrical construction works directly designed with the Defendant and carried out construction works, and there is no other evidence to acknowledge the Plaintiff’s assertion.

Rather, in full view of the statements in the evidence Nos. 3, 5, and 8 and the testimony in the witness B of the trial party, the plaintiff submitted a written estimate on the addition of electrical construction to the Prior Construction.

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