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(영문) 대전지방법원천안지원 2014.11.28 2013가합3326
공사대금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 31, 2009, the Plaintiff entered into the instant contract (hereinafter “instant contract”) with the Defendant and the Defendant Factory Construction Corporation (hereinafter “instant construction”), with respect to the construction cost of KRW 5,672,560,000 ( separate from surtax), August 31, 2009 on the date of commencement, and six months from the date of commencement (three months from the date of commencement of the factory 1 and 2) on the date of completion, and agreed to pay for the payment method of the construction cost as in the attached Form.

B. Under the instant contract, the design was partially modified while the Plaintiff was doing the instant construction work. Accordingly, the Plaintiff and the Defendant concluded a contract to change the terms to the KRW 6,201,40,000, which increased the construction cost on May 17, 2010, and to the KRW 6,201,40,000, which changed the construction cost to the KRW 528,840,000 (additional tax separate), and the date of commencement of construction work on May 17, 2010, and the date of completion of construction on July 10, 2010.

C. On October 25, 2010, the Plaintiff obtained approval for the use of a newly built factory according to the instant construction work.

The Defendant paid the Plaintiff KRW 6,821,540,000 in total as construction cost under the instant contract.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff incurred losses equivalent to KRW 340,578,70 in addition to the construction work under the instant contract. The Defendant did not comply with the payment date of the construction work or arbitrarily changed the payment method, thereby incurring losses equivalent to KRW 138,364,233 in addition to KRW 8,949,200, supervision expenses, KRW 6,000, totaling 5,240,000, such as construction site boundary surveying expenses for the construction site before the construction site, supervision expenses, supervision expenses, and examination expenses for retaining wall structure, etc., and the Plaintiff bears KRW 20,189,200 (=8,949,200, KRW 6,000,000, KRW 5,240,000, KRW 5,000, KRW 240,000). The Defendant sustained damages equivalent to KRW 49,233,1337,705, Jul. 7, 1993>

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