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(영문) 광주지방법원 2015.06.26 2014나8444
공사대금
Text

1. Of the part against the principal lawsuit in the judgment of the court of first instance, ordering the Defendant (Counterclaim Plaintiff) to pay the following:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons why this Court should explain this part of the basic facts are as follows: (a) in addition to the fact that the court concluded a contract (hereinafter “instant contract”) with “a special agreement setting forth the terms and conditions of the first instance judgment,” the main text of Article 420 of the Civil Procedure Act is the same as that of the relevant part of the judgment of the first instance, and thus, it shall be cited in accordance with the main text of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The Plaintiff explained the problems that may arise when the construction was executed in accordance with the initial design drawing before commencing the instant construction work. Accordingly, the Defendant agreed to perform construction work in accordance with the modified design drawing and signed the Defendant’s signature on the said drawing. As such, the Defendant should pay the Plaintiff the construction cost equivalent to the completed and reasonable amount based on the modified design drawing.

B) Since the Plaintiff was supplied with fireproof-certified timber as necessary for the instant construction project, the Plaintiff was supplied from Eiex, Inc., which made the Plaintiff a corporation, based on the modified design drawings, reflecting the foregoing points, the flag altitude is 65.677%, and the construction cost therefrom is 92,604,670 won. Accordingly, the Defendant is obligated to pay the Plaintiff KRW 62,002,595, excluding KRW 30,000,000, which was paid at KRW 92,604,670. Accordingly, the Defendant’s assertion that the Defendant did not provide detailed explanation about the modified design drawings, and the Defendant’s signing of the modified design drawings is merely limited to the purport that the Plaintiff changed the length to 1,700 meters, and since the Plaintiff voluntarily performed the construction work based on the modified design drawings, the construction cost should be based on the initial design drawings of the instant construction project.

B. Whether to consent to the modification of the design drawing, 1, 3, 5, and 2.

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