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(영문) 대전지방법원 서산지원 2018.05.24 2017가합51466
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. C Co., Ltd. (hereinafter “C”) contracted the creation of E to D Co., Ltd. (hereinafter “D”) and D subcontracted the said construction to the Defendant.

B. The defendant is F Co., Ltd. (hereinafter "F") and F Co., Ltd. (hereinafter "F").

Of the construction works described in subsections, he re-subcontracted the Belgium installation works (hereinafter referred to as “instant construction”) and re-subcontracted the instant construction to the Plaintiff.

C. On March 17, 2017, when the instant construction work was in progress, the issue of handling the part of the instant construction work among the instant construction works was discussed at the work conference held by the parties related to the instant construction work, including the Defendant, F, and D, and the Defendant, through the Defendant’s site manager G, instructed the Plaintiff, through the Defendant’s site manager G, to revise the said part of the construction work, and agreed to pay the construction cost incurred by the additional construction directly to the Plaintiff.

In accordance with the correction work instruction (Evidence A) delivered by the Defendant, the Plaintiff performed the additional work from April 12, 2017 to June 4, 2017. Since the additional work cost pursuant to the Defendant’s correction work instruction is KRW 348,460,503 in total, the Defendant is obligated to pay the Plaintiff the above additional work cost of KRW 348,460,503 and delay damages therefrom.

2. Determination:

A. C is recognized that the construction work is contracted to E, and the fact that D subcontracted the construction work to the Defendant is no dispute between the parties, and that the Defendant re-subcontracted the construction work on November 25, 2016, which is part of the creation work, to F on November 25, 2016, with the construction cost of the instant construction work being KRW 1.375 million and the delivery date fixed on September 30, 2017.

B. However, considering the following circumstances, Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 to 7, witness H's testimony, and witness I's witness I's partial testimony, it is acknowledged by the purport of the entire pleadings:

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