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(영문) 청주지방법원 2019.03.21 2018가단27522
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the Plaintiff’s assertion

A. On November 28, 2017, the Plaintiff concluded a contract with the Defendant for the construction of a building of Class II neighborhood living facilities on the ground of the Cheongju-si C (hereinafter “instant construction”) with the cost of KRW 430,000,000 (including value-added tax) and the construction period from November 29, 2017 to February 25, 2018, and completed the instant construction.

B. Among the instant construction works, the Plaintiff received a request from the Defendant for the addition of ① 1st floor office tent, wall heighting and drawing construction after floor leveling construction, ② floor strawing and paintinging construction after floor Belgium construction, ② floor strawing construction after floor Belgium construction, ③ floor 2nd floor studing and wall dressing construction, ③ water supply connection construction after wall Belgium construction, ④ water supply connection construction, ⑤ additional construction after Belgium construction after Belgium construction, ⑤ additional installation of electric lights (hereinafter the above additional construction claimed by the Plaintiff) (hereinafter referred to as “additional construction”). In addition to the construction work of this case, the Plaintiff additionally connected KRW 1, in addition to the construction work of this case (hereinafter referred to as “additional construction”). In addition to the construction work of this case, KRW 29,80,00, in total labor cost for electrical construction, KRW 30,000, KRW 200, KRW 370, KRW 270, KRW 270, KRW 370, KRW 2750, KRW 2737.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the sum of the instant additional construction cost of KRW 52,393,210 (the additional construction cost of KRW 29,80,000 as the additional construction cost of KRW 17,370,00 as the government-funded materials cost of KRW 5,223,210 as the government-funded materials cost of KRW 17,370,

2. In the case of a contract for a construction project for which the total construction cost was determined, the contractor was obligated to pay the contractor the amount exceeding the original construction cost as the construction cost, barring any special circumstances, and the contractor was obligated to pay the contractor the amount exceeding the original construction cost as the construction cost, and

Even if the contractor does not have a duty to pay the contractor the amount exceeding the contract price.

(b).

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