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(영문) 수원지방법원평택지원 2016.12.22 2015가단43863
공사대금
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 January 30, 2015, the Plaintiff entered into a contract for the production of FUME SCR SCRBBBER 3 SE (hereinafter “instant production”) with the Defendant (hereinafter “instant contract”) and made the instant productions.

B. Article 12 of the instant contract provides that “The increase or decrease arising at least 3% of the construction amount due to the change of drawings and other reasons shall be settled additionally in consultation with each other.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness C's partial testimony, purport of whole pleadings

2. The parties' assertion

A. After the conclusion of the instant contract, the Plaintiff changed the drawing several times, and the Plaintiff made an additional construction or production in accordance with the changed drawing provided by the Defendant at the Defendant’s request, thereby making an oral agreement on the additional construction.

Therefore, the defendant is liable to pay the plaintiff additional construction cost required to add or change according to the changed drawings.

B. In the event of the occurrence of the additional construction work under the contract of this case, a mutual determination shall be made on the difference in the increase or decrease occurred at least 3%, and the Plaintiff shall issue an order for additional construction based on the agreement and claim for the payment of the additional construction work. Pursuant to Article 9 of the contract of this case, the Plaintiff shall submit to the Defendant all the documents pertaining to the additional construction work. As the Plaintiff did not consult with the Defendant on the additional construction amount and submitted the detailed details, it is impossible to confirm the authenticity of the additional construction work. Since the Defendant did not place an order for the additional construction work, the Plaintiff’s claim for the payment of additional construction

3. According to the reasoning of the judgment, Gap evidence Nos. 4, 5, and 6, and witness C’s partial testimony, the production of this case was made based on the drawings, etc. presented by the plaintiff, and added in the process.

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