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(영문) 대구지방법원 2018.08.30 2016나313272
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

1...

Reasons

(b) the facts of the basis;

A. On March 12, 2015, the Plaintiff entered into a contract with the Defendant for each construction work with respect to civil engineering work and construction work (hereinafter “the instant civil engineering and construction work”) to set up the health room (hereinafter “instant health room”) on the ground of the Gumi-si and one parcel, including the Gumi-si.

The main contents of each construction contract are as follows:

[Civil Works] Construction Period: Commencement - Completion / Construction on March 10, 2015 - Construction Price on April 4, 2015: 38,000,000 won (Additional Tax) for liquidated damages: Matters of a special agreement equivalent to 1/100 of the construction price per delay day;

1. To carry out the additional works after reviewing and affixing seals to the owner;

* Details of additional construction: Costs of the additional construction for landscaping [construction]: Commencement - Completion on March 10, 2015 - Construction Price on May 30, 2015: 330,000,000 won (Additional Tax) for delay: Matters of a special agreement on an amount equivalent to 1/100 of the construction cost per delay day:

1. To carry out the additional works after reviewing and affixing seals to the owner;

B. Meanwhile, around that time, the Plaintiff entered into a contract with the Defendant for the interior construction of the instant healthcare center (hereinafter “instant interior construction”). The said contract (Evidence No. 1-3), stating that “the commencement date of construction is May 25, 2015; the completion date is not entered; and the construction cost is KRW 140,000,000,” but only the Plaintiff’s seal is affixed at the end of the contract, and there is no signature or seal by the Defendant, the ordering person.

C. On May 20, 2015, the Plaintiff completed the instant civil engineering and construction works, and the instant interior works on June 30, 2015.

The Defendant paid KRW 450,000,000 to the Plaintiff out of each of the construction costs of this case.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1-1-3, the purport of the whole pleading, and the purport of whole pleading

2. The parties' assertion

A. The plaintiff's assertion is not only the civil engineering and building works of this case, but also the contract for interior works and additional works.

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