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Reasons
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(영문) 인천지방법원 2018.01.05 2015가단66587 (1)
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 March 2, 2015, the Defendant (C) contracted D Corporation’s contract amounting to KRW 250,000,000 (Additional No. 300,000,000) from the D Corporation, which entered into a contract with the Plaintiff (E) on March 3, 2015, the Defendant (C) entered into a contract for construction works with the following contents (hereinafter the said subcontract agreement between the Plaintiff and the Defendant) on the part of the contract amounting to KRW 135,00,00.

2. Contract amount: 135,000,000 won - Additional tax Table; and

3. Period of construction: 10% of the construction amount: 10% of the construction amount - 13,500,000 won (payment together with ingredients in March) intermediate payment: 80% of the construction amount - The balance of the construction amount in 10% (payment on the 10th of March) per month (payment on the 10th of March): 10% of the construction amount - the completion of installation (after completion of construction).

1. SHP pipeline work (D/I -27,500 won);

2. Installation of field pipes and the installation of SUPPOR (one safety manager and one safety appearance, safety shoes, and safety labeling product).

3. S team ting operations (materials: STS304).

4. Pipe hinging and pressing operations of pipes;

5. Lodging and food expenses: Expenses to be borne by E;

6. Other expendable materials: Burden in E.

7. Quantity (D/I): 4,500 to 5,000, with a significant change of design or modification work (a-5 per cent mutual absorption), no additional construction cost shall be recognized in any case (the actual settlement of additional quantities). The terms and conditions of production and installation

B. The Defendant paid the Plaintiff KRW 146,550,000 in total among the construction cost.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, Gap evidence 6-1 to 5, Eul evidence 24

2. The parties' assertion

A. After the construction contract of this case, the Defendant claimed that the Plaintiff purchase and additional construction works for 17 million won and 13.5 million won for cryping materials and cryping materials of 13.5 million won (Additional No. 3) were requested to the Plaintiff.

Therefore, the Defendant’s total construction cost of KRW 182,050,000 (= KRW 13,500,000,000) out of KRW 17,700,000,000, KRW 13,500,000).

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