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(영문) 인천지방법원 2016.05.12 2016나50016
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. After consultation with the Plaintiff, the Plaintiff completed the additional construction work, and the Defendant did not pay KRW 18,268,80 out of the additional construction cost to be paid to the Defendant. As such, the Defendant is obligated to pay the Plaintiff the additional construction cost of KRW 18,268,80, and delay damages therefor.

B. Defendant 1 did not have to pay the additional construction cost claimed by the Plaintiff. Since the Plaintiff and the Defendant concluded a construction contract by so-called internship method, the Plaintiff accepted most of the additional construction cost to proceed within the scope of the existing price without additional payment. The additional construction cost claimed by the Plaintiff was about the portion that the Plaintiff agreed to proceed without additional payment, and the construction cost that the Defendant would pay. (ii) Even if there was an additional construction cost claim, the statute of limitations expired after the lapse of three years from the payment deadline of the Plaintiff’s assertion.

2. Facts of recognition;

A. On August 16, 2008, the Plaintiff received from the Defendant for the entire installation works of machinery, pipes, etc. (hereinafter “instant construction works”) among the construction works of the Port Water Treatment Facility from the Defendant for the entire amount of KRW 176,00,000,000. In the event that the amount of additional construction works is less than 5% of the contract amount, the Plaintiff shall bear it within the contract amount unit, and if the amount of additional construction works is more than 5%, the Plaintiff shall enter into a separate contract.

(Article XII:7). (b) of the contract.

Since then, the method of inspection of the instant construction is changed, and the OCI (the owner) requested for additional construction, and the Plaintiff continued to perform the additional construction work (hereinafter “instant additional construction”).

C. As to the instant additional construction, the Defendant prepared a Vendor Pint with the following contents and delivered them to the Plaintiff.

Review of the cost of additional construction works is to add KRW 7,725,000 to the Plaintiff’s request for additional construction costs of KRW 1,430,00 for additional construction costs of KRW 1,430,00 due to a change in one inspection method.

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