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(영문) 광주지방법원 2020.12.11 2020나55229
공사대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Paragraph (1) of the text of the judgment of the first instance.

Reasons

1. The reasons why this Court shall explain this part of the facts of recognition are as stated in Paragraph 1 of the judgment of the first instance except for the following additional parts. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second page 1-C of the judgment of the first instance court (hereinafter referred to as “each of the instant letters”) was written by adding “the special agreement (hereinafter referred to as “the special agreement”)” to “the letter was written along with each of the instant letters.”

The following shall be added to the third paragraph (d) of the judgment of the first instance.

E. As to the instant construction works, part of the terms and conditions of the originally agreed construction works are modified or added as indicated in the attached Form, and construction works (hereinafter “instant additional construction works”).

A) The Plaintiff prepared a “a statement of modification” to verify the details of the instant additional construction works and the details of the modification thereof, and obtained confirmation from F, and F signed the said “a statement of modification.” The Plaintiff stated “A evidence Nos. 1 and 6” as “A evidence Nos. 1 through 3, 6, 7, and 9 (the number of pages is included; hereinafter the same shall apply)” in the third part of the judgment of the first instance court.

2. The plaintiff's assertion

A. After the Plaintiff’s preparation of the instant report, the Plaintiff concluded a contract with F, the Defendant’s on-site agent for the instant construction project and completed the instant additional construction project under F’s confirmation.

Since the construction cost of this case increased to KRW 33,466,00 due to the instant additional construction work, the Defendant is obligated to pay the Plaintiff the additional construction cost of KRW 33,46,000 and the delay damages therefor.

B. If the contract between the Plaintiff and the Defendant on the additional construction is not recognized, the Defendant, without any legal cause, has earned any benefit from the instant additional construction, and thus, is obligated to pay the Plaintiff the amount equivalent to the additional construction cost due to the return of unjust enrichment

3. Judgment on the main claim

A. Gap evidence 7-.

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