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(영문) 부산지방법원 2015.01.08 2013가단104697
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 October 7, 2010, the Plaintiff entered into a construction contract with the Defendant on a fixed construction period of KRW 63,80,000 (including additional tax, KRW 100,00,00 at the end of October 30, 201) with respect to the construction of the 1 and 2nd floor artificial complex (including communications, kiphones, CCTV, and video equipment; hereinafter “instant construction”) of the 1 and 2nd floor of the 1 and 2nd floor of the 2nd new building (hereinafter “instant new building”), and completed the construction work on November 11, 2010 (the date of approval for use of the said new building).

B. On December 8, 2010, at the Defendant’s request, the Plaintiff sent a quotation on the third floor of the instant new building, and the third floor of the 2000 Formula 200 on December 12, 2010, respectively, to the Defendant. On December 12, 2010, the Plaintiff began with the Human Resources Corporation for the said third floor (hereinafter “the instant additional construction”). From mid-2 police officers on December 2, 2010, the Plaintiff installed construction works, such as installation of worships and furnitures.

C. On March 2, 2011, the Plaintiff’s guaranty insurance policy to the Defendant regarding the instant construction amount is KRW 68,30,000,000, the contract amount of the instant construction amount.

was issued under this chapter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6-2, witness E's testimony, purport of whole pleading

2. Assertion and determination

A. 1) The Plaintiff asserts that while the construction of the instant case was in progress, the Defendant requested for the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior construction for the third floor of the instant new building (the instant additional construction) and completed around February 201, and sought payment of the remainder of KRW 81.4 million (=6 million) (i.e., KRW 63., KRW 17.6 million). (ii) The Defendant sought payment of the remainder of KRW 51.4 million (i.e., the period of extinctive prescription prior to the filing of the instant lawsuit, and the instant additional construction had been estimated by the Plaintiff. However, while the instant additional construction was being performed due to inadequate construction, the Plaintiff committed a contract with the Plaintiff.

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