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(영문) 울산지방법원 2017.11.15 2016나22967
공사대금 등
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) whose payment exceeds the amount ordered by the following.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is a person who runs interior fishery in the trade name of “C,” and the Defendant is a person who operates a cafeteria with the trade name of “D.”

B. On August 5, 2015, the Plaintiff received contracts from the Defendant during the construction period of KRW 66,00,000 (including value-added tax) and from August 6, 2015 to August 31, 201.

C. The Defendant paid the Plaintiff KRW 59,000,000 among the construction cost, and the Plaintiff now completed the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination on the main claim

A. In the first instance court, the Plaintiff filed a claim against the Defendant for reimbursement of KRW 7,00,000 for the principal construction cost and KRW 5,500,000 for the additional construction cost. The first instance court dismissed the part of KRW 5,50,000 for the additional construction cost among the main claim.

Accordingly, the plaintiff only appealed against the part of the judgment of the court of first instance regarding the part against which the lawsuit was lost. Thus, the subject of the judgment of the court on the claim of this case is limited to the claim of KRW 5,500,000 for additional construction costs.

B. 1) The summary of the Plaintiff’s assertion on the cost of additional construction was to install news block up to the parking lot. At the Defendant’s request, additional construction cost of KRW 1,500,000 has been incurred until India. The Defendant asserted that the cost of additional construction cost of KRW 4,00,000 has been incurred to verify that the cost of additional construction cost was incurred. Accordingly, according to the Plaintiff’s statement in the construction contract of this case (Evidence 1), the Defendant is obligated to pay KRW 5,50,000 to the Plaintiff for the said cost of additional construction cost.

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