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(영문) 서울서부지방법원 2017.10.13 2016가단36136
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 18, 2015, the Plaintiff entered into a contract with the Defendant to accept a subcontract for construction cost of KRW 720,500,000 among the construction works for extension and remodeling of the C building located in Jung-gu Seoul Metropolitan Government as a whole, and received full payment of KRW 720,50,000 from the Defendant or the ordering office.

On June 30, 2016, the Plaintiff issued a tax invoice of KRW 48,400,000 for additional construction costs with the Plaintiff as the Plaintiff and the recipient as the Defendant. However, on August 4, 2016, the Defendant sent to the Plaintiff a notice to the effect that “the said tax invoice issued unilaterally without prior consultation with the Defendant cannot be recognized, and the revocation tax invoice is issued.”

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings]

2. The Plaintiff seeks payment of KRW 48,400,00 as additional construction cost related to the above construction work.

In order to recognize the obligation of the contractor to pay the additional construction cost, there is a separate agreement between the contractor and the contractor on the implementation of the additional construction and the payment of the additional construction cost.

However, it is not sufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant on the basis of the written evidence Nos. 2 through 9, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim cannot be accepted.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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