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(영문) 부산지방법원 동부지원 2018.07.18 2017가단8540
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence evidence evidence No. 1, the Plaintiff entered into a contract with the Defendant on June 23, 2016 under which the Plaintiff agreed to accept the instant construction contract (hereinafter “instant construction contract”) by setting the construction cost of KRW 423,50,000 and the construction period from June 23, 2016 to September 20, 2016 (hereinafter “instant construction contract”).

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion 1) The Plaintiff had no choice but to separately set heavy expenses for the relationship between 12,000 won and 12,000 won per square meter between 12,000 and 5 the new wall due to the business hours of the above building A. Since the Plaintiff agreed with B, a general manager of the Defendant, to settle the total expenses, the Defendant should pay the Plaintiff 30,456,000 won per square meter (i.e., the building supply quantity x 2,538 square meter x 12,00 won per square meter) at the expense of the Plaintiff. (ii) At the time of the instant construction contract, the unit price for the detec forest (type of stone agency) at the time of the instant construction contract was 81,00 won per square meter, but after the Defendant’s general manager, the unit price was increased by 15,000 won per square meter at the request of a material change, and thus the Defendant should additionally pay the difference to the Plaintiff (i.e., 200500,500.

3) At the time of the instant construction contract, the contract amount of Tassium (type of substitute stone) was KRW 24,96,400 (i.e., contract quantity of KRW 174.8 square meters x KRW 130,000 per square meter). However, upon the Defendant’s request for a change of materials, the unit price of which was 240,000 square meters per square meter, and the amount of the construction of Tasium was increased to KRW 78,101,539 due to the addition of the quantity, the amount of the construction of Tasium was increased to KRW 53,105,139 (=78,101,539 - 24,96,400) due to the said change of materials, etc., the Defendant shall additionally pay the Plaintiff labor cost of KRW 8,50 due to the increase of the volume of Tasium.

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