(영문) 창원지방법원 2019.02.15 2017나52242

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 창원지방법원 2019.02.15 2017나52242

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On June 28, 2013, the Plaintiff entered into a construction contract with C with respect to E.H.P cooling and heating exchange equipment and installation work (hereinafter “instant construction work”) among the new construction works of the 4th floor building (hereinafter “instant building”) for the purpose of crowdfunding on the ground of Kimhae-si, Kimhae-si, and the main contents are as follows.

2. Construction period: Amount of contract from June 27, 2013 to December 30, 2013: KRW 715,000,000 (including value-added tax).

4. The scope of the Corporation shall include all kinds of equipment and expenses incidental to the installation of te.H.P cooling and heating pipes, refrigerating pipes and refrat pipes, and all kinds of equipment and expenses incidental to the installation of te.H.P cooling and heating pipes, including the installation of te.H.P heating and heating pipes and related works, including all kinds of equipment and facilities attached thereto, such as sprinkers, out-of-door caters, pipes, etc.

9. Paragraph 1 of this article provides that all additional costs shall not be recognized and additional costs shall be recognized only for the portion approved by the Defendant where it is inevitable due to on-site conditions after completion of installation.

B. On December 9, 2013, the Plaintiff and the Defendant entered into a construction contract with the same content as the above construction contract (hereinafter “instant construction contract”).

C. From July 10, 2013 to March 28, 2014, the Plaintiff received KRW 705,800,000 in total from C and the Defendant for five times as construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 9 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1) The plaintiff's assertion 1) changed the construction method from the form in which a tent is completed to the open form in accordance with the defendant's direction, and as a result, the plaintiff changed the construction method from the Bosch Rexroth pipeline to the spick pipeline, etc., the plaintiff added additional construction work.

유사 판례

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