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(영문) 수원지방법원성남지원 2015.10.28 2014가단222472
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 4, 2012, the Plaintiff asserted as to the cause of the claim concluded a contract with the Defendant and the Songpa-gu Seoul Metropolitan Government for the construction of a new building of five-storys on the ground of Songpa-gu Seoul, with the construction cost of KRW 682 million (including value-added tax, KRW 3.8 million per square, KRW 3.8 million per square, KRW 165 square, and the construction period from August 27, 2012 to February 27, 2013.

On February 22, 2013, the Plaintiff completed the construction, and obtained approval for use at that time, and on March 2013, the extended construction under the said contract (such as the installation of a storm room at the entrance of the main entrance and exit of the first floor) was completed.

The Plaintiff received KRW 800 million from the Defendant until April 2, 2013.

Then, around April 10, 2013, the Defendant demanded to change the studio of the 5th floor to the studio of the 5th floor. The Plaintiff completed an additional construction work that expands the 5th floor studio to a residential space and alters the studio to the studio.

The defendant is obligated to pay the plaintiff the additional construction cost of KRW 100 million and damages for delay.

2. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff was engaged in additional construction works equivalent to KRW 100 million, in addition to construction works equivalent to KRW 800,000,000 paid by the Defendant, and there is no other evidence to acknowledge this.

(1) The Defendant paid money exceeding KRW 82 billion (including total of KRW 120,000,000,000,000) of the construction cost as to the above construction work to the Habman on April 2013, 2013 without finishing the construction work, and thereafter, the Plaintiff paid at least KRW 37,00,000,00 to the remainder of the construction work (such as urban gas, rooftop waterproof, pressing, etc.) for which the Plaintiff did not finish.

In this regard, the Plaintiff received KRW 765,5350,000,000 among total construction cost of KRW 82 million, and did not receive KRW 366,550,000 on behalf of the Defendant.

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