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(영문) 대구지방법원김천지원 2015.02.05 2013가단8508
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In light of the overall purport of the pleadings, including the fact that there is no dispute between the parties to the basic facts, as well as the entries in Gap evidence Nos. 5, 6, and Eul evidence Nos. 1 through 4 (including the serial number thereof; hereinafter the same shall apply) and the purport of the whole pleadings, the defendant gave a contract to the plaintiff on May 10, 2012, for the extension of construction work cost of the Native Facility B (FG) located in the Gu and the plaintiff on May 10, 2012 (in the absence of any special indication as to the construction cost including value-added tax; 2) to increase the construction cost to KRW 25,500,000 (in the absence of any special indication as to the construction cost, the amount including value-added tax).

8.1. 236.5 million won was each changed contract concluded between the Plaintiff and the Defendant (hereinafter referred to as the “instant construction contract”), and (3) The Plaintiff completed the said construction around September 2012, and even around that time, received KRW 236.5 million from the Defendant as the payment for the construction work.

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to pay the above additional construction cost, because he/she carried out the Mail Packaging Corporation in addition to the matters stipulated in the construction contract of this case at the defendant's request. Accordingly, the defendant is asserting that the construction contract of this case has a duty to pay the above additional construction cost. Accordingly, the defendant is asserting that the construction contract of this case has paid all the amounts stipulated in the contract as a fixed amount contract, and

B. As above, as evidence supporting the Plaintiff’s assertion that construction work was performed in addition to the matters stipulated in the instant construction contract on the premise of the payment of the additional construction cost, there is the outcome of the appraiser C’s appraisal of the construction cost.

However, each of the evidence mentioned above, Gap evidence No. 8, Eul evidence No. 5, and Eul evidence No. 5, witness D, and Eul's testimony can be seen as follows.

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