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Reasons
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(영문) 대전지방법원 2015.04.28 2014가단203646
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 November 23, 2010, the Plaintiff entered into a construction contract with the Defendant to receive the following construction works (hereinafter “instant construction works”) (hereinafter “instant contract”).

However, on May 23, 2011, the Plaintiff and the Defendant changed the scheduled completion date of the instant contract to July 10, 201.

1. Construction name: Newly built corporation for private house B;

2. Place of construction: Daejeon Seo-gu C

3. Date of commencement: May 31, 201: 22,00,000 won; and

7. Advance: 66,000,000 won; and

8. A completed portion: After completion of an intermediate payment of KRW 66,00,000,000 and the remainder;

9. The rate of liquidated damages for delay: 1/100 for other matters: (1) including the construction expenses for coastal works, (2) including the construction expenses for coastal works, and (4) reflecting the rate at the time of making an estimate when the design drawing is modified.

B. The Plaintiff completed the instant construction on or around December 20, 201, and the Defendant obtained approval for the use from the Jung-gu Office on December 23, 201.

C. The Defendant received KRW 66,00,000 from the Plaintiff as the construction cost on November 29, 201, and KRW 66,000 from the intermediate payment on February 28, 201, and the Plaintiff directly paid KRW 74,269,000, such as the material cost for the instant construction work, in consultation with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3, Eul evidence 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion 1) concluded the instant contract after paying an estimate on the premise of the design drawing received from the Plaintiff. However, on June 3, 2011, the Defendant requested construction of the additional retaining wall not designed by the Plaintiff and the additional construction for the food for the head of the household. 2) The Plaintiff made an oral agreement with the Defendant to have the additional construction cost settled later, and changed the completion date of the reclamation project on July 5, 2011 to October 10, 201, and thereby, the additional construction cost of KRW 34,587,406 was incurred.

No. 50

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