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(영문) 전주지방법원군산지원 2015.12.01 2014가단10378
공사대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 27, 2010, the Plaintiff contracted the Defendant for construction work price of KRW 169,300,000 for the feasible apartment (hereinafter “instant apartment”) with the fassing, repairing and re-scoping of the outer wall of the apartment (hereinafter “instant apartment”) and the Chang-coping Corporation (hereinafter “original contract”).

On October 19, 2011, the Plaintiff awarded a contract to the Defendant for construction cost of KRW 11,000,000 (including value added tax) for the repair work for the defects in the creative molding construction work completed on December 201, “the instant apartment 720 households” and “the repair work for the defects in the creative molding construction work completed on December 2010” (hereinafter the instant two construction works collectively referred to as “the instant additional projects”).

On October 18, 2011, the Plaintiff requested the Defendant to add traffic to the design of the apartment surface of this case, which was set up within the drawing of the outer wall of this case, and "the supplementary design work of this case" refers to the work of adding traffic to KRW 7,00,000 of the additional cost with the Defendant around November 19, 201.

A) The Defendant agreed to perform additional duties. On the other hand, the Defendant received 17,000,000 won (except for additional duties) in total from the Plaintiff as the construction cost for the instant additional coal work and the additional design work. [The Plaintiff did not dispute over the grounds for recognition, each entry of Gap’s evidence Nos. 12 through 18, and Eul’s evidence Nos. 12 through 18, and the purport of the entire pleadings, as a whole.

2. The Defendant asserted that the Plaintiff did not make any additional amendments to the contract terms and conditions, demanding the Plaintiff to perform the instant additional coaling construction and additional design work, and received the additional construction payment from the Plaintiff.

The instant Additional Coal Work constitutes the repair of defects in the original contract construction of this case.

The Defendant transferred or subcontracted the instant additional design work to another person in violation of the bidding conditions.

Therefore, since the contract between the Plaintiff and the Defendant is null and void, the Plaintiff’s construction cost of KRW 17,00,000 and this is accordingly.

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