(영문) 부산지방법원서부지원 2020.01.15 2017가단11269

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(영문) 부산지방법원서부지원 2020.01.15 2017가단11269

공사대금

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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 June 28, 2017, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant to conclude a contract for the construction of two new bonds (hereinafter “instant construction contract”) with the amount of KRW 213 million in the amount of KRW 200 million.

B. After that, the Plaintiff and the Defendant agreed to increase the instant construction cost in KRW 240,1200,000,000, and to pay KRW 10,000 as additional construction cost.

C. The Defendant paid to the Plaintiff KRW 20 million as the construction cost of the instant case.

The Plaintiff, while continuing the instant construction work, suspended the instant construction work in November 2017 and was found to have been on the spot.

E. On December 7, 2017, the Defendant obtained approval from the competent authority for the use of the new building of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2 and 3 (including paper numbers), witness D's partial testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the instant construction work was completed in accordance with the instant construction contract, and that the Plaintiff received additional KRW 10 million upon the Defendant’s request, and that the wall construction work was conducted using yellow soil on the necessary bond 1 unit.

Nevertheless, the Defendant did not pay the remaining construction cost of KRW 31.2 million to the Plaintiff (i.e., KRW 1.2 million - KRW 220 million - KRW 20 million). The Defendant is obliged to pay the Plaintiff the said construction cost of KRW 31.2 million and delay damages.

B. Since the burden of assertion and proof regarding the completion of work in a contract for determination is against the contractor seeking the payment of remuneration for the result of work, the contractor seeking the payment of remuneration following the completion of the work must assert and prove the assertion and proof regarding the completion of the work.

Supreme Court Decision 94Da26684, 94Da26691 delivered on November 22, 1994

유사 판례

-부산지방법원서부지원 2020.01.15 2017가단11269

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-대전지방법원천안지원 2016.08.12 2015가합100054

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