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(영문) 의정부지방법원고양지원 2017.07.05 2016가합72320
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. 1) On April 14, 2011, the Plaintiff was performing a new construction of “D” (hereinafter “new construction of this case”) under the implementation of “D” from the Defendant on April 14, 201.

(2) In relation to the construction work of this case, the Plaintiff was awarded a contract for the construction cost of KRW 59.3 million. On October 1, 2011, the Plaintiff entered into a contract for the modification of the design to reduce the construction cost of KRW 433,235,000. (2) On April 2011, the Plaintiff received a contract from the Defendant for the 20,469,794 won of the Brabba Ho Construction in relation to the new construction work of this case.

3) Around July 2011, the Plaintiff received a contract from the Defendant for the instant new construction works for KRW 13,848,120 for the construction cost, and issued a tax invoice of KRW 13,847,639 for the settlement of the construction cost. 4) On August 30, 2011, the Plaintiff entered into a contract with the Defendant to reduce the construction cost by KRW 214,500,000 for the construction cost of the instant new construction works. On October 1, 2011, the Plaintiff entered into a contract with the Defendant to reduce the construction cost by KRW 159,500,000 for the construction cost.

5) The Plaintiff’s construction contract (hereinafter “instant construction contract”) stated in each of the above paragraphs (i) through (iv) around December 31, 2011 (hereinafter “instant construction contract”).

(B) the construction has been completed in accordance with the agreement. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 8 (including the number of pages), Eul evidence No. 1, and the purport of the whole pleadings.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 208,062,433 [=113,245,00 won (=433,235,000 won - KRW 31,9990,000 paid to the Plaintiff - KRW 13,469,794,794, KRW 639,639 million (= KRW 159,500,000 paid to the Plaintiff) and damages for delay after the completion of the construction work, barring special circumstances.

2. Judgment on the defendant's defense

A. The defendant's defense of assumption of an obligation with immunity is not more than a comprehensive construction of urban farmers.

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