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(영문) 대전지방법원천안지원 2014.06.11 2014가단1351
원공사및 추가공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' assertion

A. On March 25, 2013, the Plaintiff completed the 453 billion won extension work from the Defendant at the time of Jin-si (hereinafter “instant additional work”) by being awarded a contract with the Defendant for the 39,531,000 won in addition to the said extension work, and the 34,513,460 won in Kameras, electricity, personalphones, and slope way for the disabled in the instant case (hereinafter “instant additional work”).

However, since the defendant only paid the above additional construction cost to the plaintiff and the cost of the outer construction, and did not pay the additional construction cost, the defendant is obligated to pay 34,513,460 won and delay damages to the plaintiff.

B. The Plaintiff recognized the completion of the extension work of the Korea Welfare Institute, the Korea Funeral Service, and the instant supplementary work; however, the instant additional work decided to be carried out by including the Plaintiff in the amount of the original extension work without imposing any separate burden on the Defendant.

Therefore, the defendant is not obligated to pay the additional construction cost of this case to the plaintiff.

2. Determination

A. The Plaintiff is obligated to pay the Plaintiff the instant additional construction cost and the damages for delay, barring any special circumstance, since the Plaintiff’s completion of the instant additional construction works does not conflict between the parties.

B. However, comprehensively taking account of the absence of dispute between the parties, and the overall purport of the statements and arguments in the evidence Nos. 5 and No. 1 through 4, the Plaintiff: (a) completed all of the DNA Welfare Center Extension Works and the Additional Works, etc. by the end of June 2013 (which had undergone a completion inspection conducted on June 19, 2013) and received the full payment of the cost of the Overseas Works other than the cost of the said Extension Work from the Defendant by June 29, 2013; and (b) issued a certificate of full payment of the construction that the construction cost was fully paid to the Defendant on July 10, 2013; and (c) at the time, the Plaintiff paid the payment after the completion of the instant Additional Works.

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