(영문) 인천지방법원부천지원 2015.12.18 2013가합9870

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(영문) 인천지방법원부천지원 2015.12.18 2013가합9870

공사대금

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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. On April 9, 201, the Plaintiff entered into a contract for the instant construction works with the Defendant for the construction of the 1280 ground church (hereinafter “instant building”) located in Gwangjin-dong 1280 (hereinafter “instant construction works”) during the construction period from March 21, 201 to July 31, 2012 (including value-added tax; hereinafter the same shall apply), 2% of the defect deposit rate, 2% of the defect warranty liability period, 2% of the delay liability period, 0.2/100 per day, and 3% per annum of the delay interest rate (hereinafter “the instant first contract”).

B. Around July 201, the Plaintiff and the Defendant entered into the first modified contract with the content that the construction method of the civil soil set forth in the instant construction project would be modified and that the construction cost would be increased to KRW 6.93 billion on the ground of the modification of design following the addition of the installation of a new trial (hereinafter “the first modified contract”).

C. On August 30, 2012, the Plaintiff and the Defendant drafted a written contract for the instant construction period from March 21, 2011 to August 30, 2012, which extends from March 21, 2011 to November 30, 2012 (hereinafter “instant secondary contract”). D.

In March 21, 2011 to April 3, 2013, the Plaintiff and the Defendant drafted a three-year change contract for construction work (hereinafter “instant third change contract”) with the content that the instant construction period was changed from March 21, 2011 to April 3, 2013.

E. On April 3, 2013, the Plaintiff completed the instant construction and obtained approval for the use of the instant building from Gwangju-si, and delivered the instant building to the Defendant. On April 25, 2013, the Defendant completed registration of ownership preservation on the instant building.

F. The construction cost of this case that the Defendant did not pay to the Plaintiff as of the date of the payment for the Plaintiff.

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