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(영문) 서울북부지방법원 2015.09.15 2014가단46966
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff’s assertion entered into a construction contract on March 1, 2006 with respect to multi-household housing construction (hereinafter “instant construction”) located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and completed construction on August 29, 2006.

At the time of concluding a contract, the Defendants and the construction cost were set at KRW 2.3 square meters per 3 square meters (per square meter) and agreed at KRW 497,252,00. However, the Seoul Special Metropolitan City Ordinance that permits the expansion of balcony at the time was anticipated to have been amended, and only the Defendants did not have their signatures on the construction contract (Evidence A 1) in consideration of the increase in the construction cost due to the expansion of balcony.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid construction cost of KRW 70,649,00,000 as the total construction cost of KRW 497,252,00, and the delay damages thereof.

2. Determination

A. As to whether the construction cost of this case was agreed to KRW 497,252,00, the following circumstances are acknowledged by health class, Gap's statement Nos. 1, 2, 3, 12, and 14, witness D's testimony and the entire purport of oral argument, i.e., (i) it cannot be acknowledged as the content of the agreement on disposal documents because the defendants' signature and seal cannot be affixed to the construction contract (Evidence No. 1) and agreed to KRW 497,252,00 without any objection to the basic construction cost and agreed to add the additional construction cost based on the confirmed amount, it is reasonable that the plaintiff obtained signature from the defendants in the evidence No. 1; (ii) the construction contract has various forms of contract, such as total amount contract to determine the total construction cost; and (iii) unit price contract to verify actual supplied quantity; and (iv) the total construction cost can not be concluded to have been finally specified based on the contract without any signature and seal; and (iii) the construction cost may vary significantly depending on construction method.

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