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(영문) 광주지방법원 2017.11.02 2017가합256
공사대금
Text

1. Of the instant lawsuit, the part concerning the claim for the expenses of demand procedure shall be dismissed.

2. The defendant shall pay 27,700,000 won to the plaintiff and this shall apply.

Reasons

1. The plaintiff is seeking payment of KRW 290,90,00 of the expenses for demand procedure disbursed in the payment order procedure. The plaintiff is seeking ex officio as to the legitimacy of the above part of the claim.

Urging procedural costs constitute a kind of litigation costs. The amount paid as a lawsuit can only be repaid after a final judgment became final and conclusive, and there is no interest in filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 200). Of the lawsuit of this case, the part of the Plaintiff’s claim for demanding procedural costs is unlawful.

2. Determination as to the claim for construction cost of the instant lawsuit

A. 1) On January 7, 2016, the Plaintiff is the Defendant and the Gwangju Mine-gu B tenement (hereinafter “instant housing”).

2) Of the new construction works, the part of the waterway construction (hereinafter “instant construction”)

(2) As to the construction amount, the Plaintiff entered into a subcontract with the Defendant during the construction period from January 7, 2016 to March 30, 2016, with respect to the construction amount of KRW 319,00,000 (including additional tax) and the construction period of the construction period as to the construction amount. Thereafter, on March 16, 2016, the Plaintiff changed the construction period of the instant one contract with the Defendant from January 7, 2016 to April 30, 2016 (hereinafter “instant change contract”), and “instant 1 contract” in general term before and after the said change.

(2) The Plaintiff entered into a subcontract with the Defendant on the part of the newly constructed sales office and the Construction Work of the Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building Building

3) Of the instant construction works, the Plaintiff entered into a subcontract with the Defendant and Gwangju Dong-gu for the part of the floor renovation works among remodeling works for the commercial buildings located in Gwangju Dong-gu (including surtax) (hereinafter “instant third contract”).

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