(영문) 대전지방법원 2018.10.24 2017가합106125

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(영문) 대전지방법원 2018.10.24 2017가합106125

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Around June 2015, the Plaintiff entered into a contract with the Defendants for a new construction project (hereinafter “instant construction project”) with respect to the contract amount of KRW 4,784,659,00 and the construction period from June 20, 2015 to March 31, 2016.

B. Around July 2015, the Defendants: (a) constituted a joint supply and demand organization with the investment ratio of 9:1 in relation to the instant construction project; and (b) drafted a standard form of a joint supply and demand agreement with the purport that Defendant B Co., Ltd. (hereinafter “Defendant B”) has the authority to manage the property and claim for payment, etc. as the representative of

C. On September 2015, the Plaintiff and the Defendants respectively concluded a modified contract under which the construction amount is increased by KRW 200 million (hereinafter “the first modified contract”), and a modified contract under which the construction period is extended by April 30, 2016 (hereinafter “the second modified contract”).

After completion of the instant construction, the Defendants approved the use of a building newly built on May 18, 2016 (hereinafter “instant building”).

E. On June 15, 2016, the Plaintiff and the Defendants concluded a contract to amend the construction period to include KRW 5,224,659,000 (including additional taxes) by May 18, 2016, on the ground that “a change in the amount of completed settlement due to design modification” was “a change in the amount of completed settlement due to design modification.”

(2) The Plaintiff paid the Defendants totaling KRW 4,724,659,000 as construction cost under the instant contract by June 24, 2016.

G. On June 22, 2016, the Plaintiff agreed with Defendant B to withhold the payment of KRW 500 million among the construction price, and to pay it in installments according to the degree of progress of defect repair of the instant building.

H. On October 24, 2016, the Plaintiff paid KRW 100 million out of the construction cost withheld to Defendant B.

(i).

유사 판례

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