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(영문) 전주지방법원 2014.12.04 2014나1068
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. Facts of recognition;

A. On March 13, 2012, the Defendant entered into a construction contract with a limited liability company C (hereinafter “C”) with the content that the structural construction work among the construction work of the third floor apartment house E on the ground of the 3rd floor in North Korea (hereinafter “instant construction work”) shall be KRW 50,000,000 for the construction cost.

B. On March 29, 2012, the Plaintiff entered into a contract with C to accept the instant construction cost of KRW 50,000,000, and commenced the instant construction work around April 4, 2012.

C. The Defendant, at the construction site of the instant construction site, directed the Plaintiff to perform the work related to the construction project with F along with the site manager F, but around April 14, 2012, via F, instructed the Plaintiff to improve the floor height, expand the size of the columns, add the columns, and add the rooftop eaves (hereinafter “instant additional construction”).

On June 30, 2012, the Plaintiff promised to pay construction cost from the Defendant as above, and completed both the instant construction and the instant additional construction work. The construction cost incurred from the instant additional construction work is KRW 30,440,000.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1 through 5, Eul evidence 1 or 2 (including additional evidence) or video, the result of appraisal by the appraiser G of the first instance court, the result of on-site inspection by the first instance court, the testimony by the witness I of the first instance court, the testimony by the witness D of the first instance court, and the purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, who is the contractor of the instant Additional Construction Costs, the additional Construction Costs of KRW 30,440,00,000, the remainder of KRW 25,440,000, excluding KRW 5,000,000, as well as damages for delay.

B. As to the Defendant’s assertion, the Defendant is directly responsible for indirect construction costs, such as expenses, and general management costs in the instant additional construction works.

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