logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.05.14 2019나1825
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 22, 2018, the Plaintiff and the Defendant entered into a construction work agreement (hereinafter “instant contract”) with respect to the construction work on the two parcels, including C, and the Plaintiff’s implementation of the reinforced soil retaining wall construction and appurtenant construction work (hereinafter “instant construction work”) at KRW 92,40,00,00 (including value-added tax).

B. According to a quotation (No. 2; hereinafter “instant quotation”) that served as the basis for the calculation of the contract amount at the time of entering into the instant contract, the construction cost of the reinforced retaining wall construction is KRW 120,00,000 per square meter per 1 square meter, and KRW 60,720,000 per 506 square meter per 1 square meter (i.e., 120,000 square meters x 506 square meters) (i., 60,000 square meters per 60,000 per day, and 3,00,000,000 per 5 days (i.e., 60,000,000/day).

C. On February 27, 2017, the Plaintiff completed the instant construction and additional construction work.

By April 22, 2018, the Defendant paid KRW 97,206,325 to the Plaintiff the instant construction cost and the additional construction cost acknowledged by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted by one party as to the claim for the additional construction cost of the reinforced soil retaining wall: “The volume of the reinforced soil retaining wall construction stipulated in the instant contract is 506 square meters; and the volume of the reinforced soil retaining wall construction increases more than 42 square meters because the construction site adjoining the mouth. As such, the Defendant is obligated to pay the Plaintiff the additional construction cost of KRW 5,040,000 = 120,000 x 42 square meters.

'' asserts to the effect that ‘' is.

The Defendant asserts that the Defendant’s assertion on the volume of the reinforced wall construction, as stipulated in the instant contract, was changed several times (622.42m2, 590.77m2, 583m2) and the Defendant is finally 622.42m2m2.42m2.

Finally, the plaintiff's assertion is the first page of the preparatory documents dated April 16, 2020 submitted by the defendant.

arrow