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(영문) 대구지방법원포항지원 2014.09.02 2013가단5389
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 5, 2010, Defendant A, the representative of C, entered into a construction contract with Defendant B Co., Ltd. (hereinafter “B”) on the construction of a factory located D at Sejong-si (hereinafter “instant construction”) with the construction cost of KRW 420,00,000 (hereinafter “instant one contract”).

B. On April 5, 2010, according to the contract statement (No. 6) submitted by Defendant A, the beneficiary, to Defendant B, the content of the instant contract, including A, B, C, D New Construction, Electric Construction, and Electric Construction, and Equipment Construction. The details of the electrical construction consist of ① Power-driven Equipment Construction, ② Electric Power-driven Equipment Construction, ③ Telecommunications Corporation.

C. Meanwhile, Article 1(1) of the instant Special Agreement provides that “the cost of water supply, electricity, urban gas installation, and artificial gas installation shall be borne separately.”

The Plaintiff entered into a subcontract with Defendant A (hereinafter “instant two contract”) for the electrical construction part of the instant one contract, and completed the construction work around June 2010.

[Reasons for Recognition] Facts without dispute, entry in Eul-B or evidence 1-1 to 3, purport of the whole pleadings

2. Determination as to the cause of claim

A. The gist of the parties' assertion argues that while the plaintiff was conducting electrical construction under the instant contract 2, various additional construction works (hereinafter "the instant additional construction works") were conducted at the request of the defendants, and that since the price is KRW 28,908,353 as the appraiser E appraised, the defendants should jointly and severally pay to the plaintiff the additional construction cost of KRW 28,908,353 and delay damages.

On the other hand, Defendant A alleged that he did not give a subcontract to the Plaintiff with respect to the additional works, and Defendant B stated that the additional works in this case are included in all the content of the instant contract, and that the Plaintiff should perform the construction of electric power routes laid underground.

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