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(영문) 제주지방법원 2018.02.06 2016가단14101
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 21, 2016, the Plaintiff received a contract from the Defendant for the construction of a multi-family house C (hereinafter referred to as “instant building”) located in Jeju-si (hereinafter referred to as “instant construction”) by setting the construction cost of KRW 430 million (excluding value-added tax) and the construction period from February 1, 2016 to June 30, 2016.

(hereinafter referred to as the “instant construction contract”). B.

On July 20, 2016, approval for use of the instant building was granted.

C. The Defendant paid the Plaintiff the total amount of KRW 420 million to the construction cost.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was not only the instant construction, but also the additional construction work equivalent to KRW 31,531,00,00 at the Defendant’s request (based on the evidence Nos. 2, 3, and 4-1 through 10, the Plaintiff filed an application for the appraisal of the construction cost, claiming that the additional construction cost is a total of KRW 19,578,00,000, except for “the matters subject to an additional appraisal” among the documents Nos. 2, 3, and 4-1, 4-1, and 10, and subsequently filed an application for the appraisal of the construction cost, and subsequently added the said “matters subject to an additional appraisal” as the details of the said additional construction work. Based on the result of the appraisal, the Plaintiff sought payment of KRW 31,531,00,000 for the additional construction cost as stated in the attached Form 1’s statement) and received only KRW 4

Therefore, the Plaintiff seek against the Defendant the payment of KRW 41,531,00,00 which was not paid out of the instant construction cost and the additional construction cost ( KRW 430,000,000 + the additional construction cost + KRW 31,531,00,000 - the construction cost already paid KRW 420,000) and damages for delay.

B. The summary of the Defendant’s assertion did not have agreed with the Defendant on the additional construction as claimed by the Plaintiff, and the additional construction as claimed by the Plaintiff.

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