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(영문) 대전고등법원 2015.11.11 2014나14540
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 27, 2012, the Plaintiff concluded a contract with the Defendant under the name of “E” (hereinafter “instant contract”) stipulating that the Asan City D New Construction Works (hereinafter “instant construction”) was awarded a contract with the Defendant for the construction cost of KRW 792,00,000 (value of KRW 720,000,000, value of KRW 72,000,000), July 16, 2012 on the date of commencement, and on December 26, 2012 on the date of completion (hereinafter “instant contract”).

B. Around March 2013, the Plaintiff completed the instant construction, and the Defendant, under the pretext of the payment of the construction cost, remitted KRW 237,600,000 on August 31, 2012, KRW 237,600,000 on October 2012, and KRW 60,000 on December 31, 2012, and directly paid the remainder of the contract to the Plaintiff’s subcontractor by May 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, or the purport of the whole pleadings

2. Determination as to the cause of claim

A. During the Plaintiff’s assertion, the Defendant requested the Plaintiff to modify the design, and accordingly, the Plaintiff incurred additional construction costs equivalent to KRW 118,00,000,00 following the removal of the building, the construction of the building, and the alteration of the outer finishing materials of the building. Since the Defendant directly paid KRW 18,705,50 out of the additional construction costs to the material supplier, the Defendant is obligated to pay the additional construction costs remaining after the Plaintiff’s assertion ( KRW 118,00,000) and the delay damages therefrom.

B. 1) Determination 1) Although there is no dispute between the parties that the Plaintiff changed the outer finishing materials of the building from the Mamps Team agreed upon at the time of the instant contract by agreement with the Defendant to the human lighting, the fact that the additional construction cost was incurred due to the above change of construction work by only the descriptions in Gap evidence Nos. 4 to 13 (including the number number).

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