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(영문) 대구지방법원 2014.12.19 2014가합707
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. The Plaintiff is a person who performs general construction works under the trade name of “C”.

B. On May 25, 2013, the Defendant requested an architect E to design KRW 5,00,000 for construction cost per square meter on May 25, 2013 with respect to the new construction of the Gangwon-do Crossing-gun D ground houses (hereinafter “instant housing”).

The above E introduced the Plaintiff to the Defendant as a contractor for the execution of the instant construction work at KRW 5,00,000.

C. On June 11, 2013, the Plaintiff entered into a construction contract with the Defendant (hereinafter “instant contract”) with a construction cost of KRW 250,000,000,000, and with the construction period from June 1, 2013 to December 30, 2013.

The instant house obtained approval for use on July 10, 2014, and the completed area is about 146.19 square meters of the housing (44.22 square meters) and about 47.31 square meters of the warehouse (4.31 square meters), totaling 193.5 square meters (4.53 square meters).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 4 and 5, the purport of the whole pleadings

2. The parties' assertion;

A. The Plaintiff’s instant contract was concluded with the construction cost of KRW 250,00,00 only for the new construction of a house, and the housing area was expanded compared with the basic design during the construction process, and the construction of a warehouse and the foundation of the floor were added by the construction project and the floor substitute construction project, respectively.

The Plaintiff notified the Defendant of the occurrence of additional construction costs, and the Defendant promised to pay construction costs to all the construction works undertaken by the Plaintiff, including additional construction costs. As such, the Defendant shall pay the Plaintiff the remainder of construction cost of KRW 109,79,860,000, including the total construction cost of KRW 371,181,694, and the total construction cost of KRW 15,00,000,00,00 for housing and warehouse construction cost of KRW 386,181,69,860, including value-added tax, and the value-added tax thereon, and the remainder of construction cost of KRW 315,00,000,000 that the Defendant paid to the Plaintiff.

B. The defendant introduced the defendant E to this case.

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