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(영문) 서울중앙지방법원 2015.06.10 2014가단133168 (1)
공사대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 21, 2012, the Plaintiff was awarded a subcontract by the Defendant for the heating and cooling construction work (hereinafter “instant construction work”) among the construction works for the dental hospital, dental college hospital, telephone reservation center, and nursing office at the school of annual generation (hereinafter “instant construction”) by setting the construction period as KRW 69,00,000 from June 30, 201 to April 7, 2013, and the construction cost as KRW 69,000.

B. After the completion of the instant construction work, on April 25, 2013, the Plaintiff entered into a modified contract with the Defendant to change the construction period from June 30, 2012 to March 5, 2013 with respect to the instant construction work, and to KRW 64,185,000, which reduced the construction cost for the first time from KRW 69,000 (hereinafter “instant modified contract”), and received all the remainder of the construction work around that time.

[Ground of recognition] Facts without dispute, Gap evidence 2-2, Gap evidence 4-1, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion asserts that the Plaintiff, while the instant construction is in progress, installed an additional construction by changing the outdoor equipment from the standard type to the Handro type under an agreement with the Defendant, and that it performed an additional construction by changing the location of the outdoor equipment, etc. under an agreement with the Defendant, the Plaintiff sought payment of KRW 21,670,000 from the additional construction cost.

B. In light of the overall purport of the arguments as to evidence Nos. 2-3, 4, and 4-1 of the evidence Nos. 2-3, 4, and 4-1 of the judgment, it is not sufficient to recognize that the plaintiff performed the construction of this case while considering the overall purport of the arguments, but it is not sufficient to recognize that such facts and the remaining evidence submitted by the plaintiff are recognized as an additional construction work and that the defendant agreed to pay the plaintiff additional construction cost for the above construction work, and there is no other evidence to acknowledge this otherwise. Rather, the original defendant after the completion of the construction of this case and thereafter,

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