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(영문) 전주지방법원 2016.08.24 2015가합1801
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the ground of the plaintiff's claim

A. On October 9, 2010, the Plaintiff’s summary of the Plaintiff’s assertion completed the glass construction work (hereinafter “instant glass construction”) among the “D’s construction works for the new facilities installed in Gunsan City B and C, which the Defendant performed by the Defendant, from the Defendant, at the construction site of this case.

Thus, the defendant is obligated to pay the plaintiff the amount equivalent to the claim stated in the claim for the construction cost.

B. (1) Determination as to the cause of claim (1) The Plaintiff entered into a subcontract with the Defendant on October 9, 2010 with regard to the instant glass construction as the construction period from October 10 to December 31, 2010, with regard to the instant glass construction; and the construction cost of KRW 210,000,000 (in the contract for the certificate No. 1, KRW 216,700,000). The instant contract for the instant glass construction was later entered into with the term “264,00,000,000” from the original contract amount “210,000,000” from “the construction period was extended from October 10, 201 to June 30, 2011; the Plaintiff concluded a modified contract with respect to the instant glass construction; and the Plaintiff did not have any dispute between the parties as to the instant modification contract and each of the evidence No. 1, No. 27, and each of the pleadings (including evidence No.9).

Therefore, barring special circumstances, the defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 264,00,000 and delay damages therefor.

(2) The Defendant asserts that the Plaintiff’s claim for the construction payment of this case has expired three-year extinctive prescription.

According to the Civil Code, a claim on the work of a contractor, an article, or a person engaged in the design or supervision of a work shall be extinguished by prescription if it is not exercised for three years.

(Article 163 (Article 163). The plaintiff completed the above glass construction by June 30, 201 in accordance with the amendment agreement on the glass construction of this case, as seen earlier.

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