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(영문) 서울북부지방법원 2017.01.17 2015나593 (1)
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Basic facts

A. On October 14, 2013, the Plaintiff: (a) determined the construction cost of the instant original construction project as KRW 91,400,00, and the scheduled date of completion on November 13, 2013, the Plaintiff agreed to adjust the construction cost (hereinafter “instant contract”) and received a contract from the Defendant, who was promoting the project with the Incheon Man-dong Comprehensive Shopping Reconstruction Project Association on the second and third floors among the buildings located in 1118-1, Nam-gu, Incheon Metropolitan City (hereinafter “instant original construction project”); and (b) determined the construction cost of the instant original construction project as the construction cost of November 13, 2013.

B. While the Plaintiff while carrying out the instant original construction, the Defendant demanded to change the interior structure, and the Plaintiff and the Defendant agreed to perform the instant additional construction (hereinafter referred to as “instant additional construction”) by adding to the original part of the original agreement, and adding to the instant original construction and the instant additional construction, the Plaintiff continued to carry out the instant entire construction.

During that period, the Defendant rescinded the instant contract on the grounds of delay of construction work, etc., and the Plaintiff suspended the entire construction work of this case.

C. After November 30, 2013, Lonedo Co., Ltd. received a contract for the remaining artificial complex construction from the Incheon Manman General Shopping Reconstruction Project Association by setting the construction cost of 20 million won and the construction period from November 30, 2013 to December 6, 2013, and the Defendant and Donedo Co., Ltd completed the part of the total construction of this case on December 2013.

On the other hand, on December 5, 2013, the cooperative paid 20 million won for construction price to Ddozin Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 3 and 17, Gap's witness A's testimony and the purport of whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Defendant is entitled to KRW 19,940,00 for the construction cost unpaid to the Plaintiff = 17 million for the total construction cost - the construction cost of KRW 18,050,00 for the portion not constructed by the Plaintiff - the construction cost of KRW 65,00 for the construction cost already received.

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