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(영문) 광주지방법원 2020.02.27 2018가단537215
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In May 2018, the Defendant, who is operating Yangyang-gun C, requested the Plaintiff to estimate the development of groundwater through D around May 2018.

B. On May 15, 2018, the Plaintiff submitted a written estimate to the Defendant.

In the written estimate first submitted, the construction name is written in the amount of KRW 16,50,000,000, and in the remarks column, the phrase “the excavation work of Geumsan-gun” is written in the form of “the excavation work of Geumsan-gun,” and “the excavation work of KRW 200,000,000,000,000,000.”

C. On May 23, 2018, the Plaintiff submitted two copies of a written estimate to the Defendant.

The first estimate is written by the name of the construction work as "groundwater excavation work in Geumsan-gun," and is similar to the written estimate on May 15, 2018, in addition to the amount written as KRW 1,3150,000.

The second estimate contains the phrase “Ysan-gun E site (hereinafter referred to as the “instant construction site”), “groundwater development works”, and the amount of construction work is KRW 24,200,000,000, and the water quality test is the standard water for living and the groundwater impact assessment cost is separate when applying for a permit.”

On May 25, 2018, the plaintiff's excavation work was conducted at the construction site of this case, but there was no groundwater at the excavated place.

E. On May 26, 2018, the Plaintiff submitted a new quotation to the Defendant.

The written estimate is stating that the construction name "the excavation work of Geumsan-gun groundwater" and the amount is KRW 24,50,000,000, and in the remarks column, it is stating that "the estimate of the conditions of excavation of two meters in width irrelevant to the quantity, etc." (14 million won when only one hole is excavated).

F. From May 26, 2018 to May 28, 2018, the Plaintiff’s excavation work was conducted at the construction site of this case, but groundwater did not have come out at the excavated place.

The plaintiff has performed excavation works twice in July 2018, but groundwater is added.

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