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(영문) 제주지방법원 2017.10.24 2016가단13962
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 agreed to determine the amount calculated through a quotation between the Plaintiff and the Defendant as the Plaintiff paid out a part of the construction work that the Defendant received between the Defendant and the Defendant, and the construction cost was determined by the Defendant’s approval.

B. On October 27, 2014, the Plaintiff entered into a contract with the Defendant for the supply of sewage to reinforced concrete, non-structured concrete, and steel framed among Jeju-si C works, and completed the construction work. The construction cost was calculated as KRW 206,658,330.

(hereinafter referred to as the “instant construction”) C.

On March 4, 2015, the Plaintiff entered into a contract with the Defendant for the sewage supply of reinforced concrete, non-structure, and steel framed among the Jeju-si D D Construction, and completed the construction work. The construction cost was calculated as KRW 134,690,000.

On May 11, 2015, the Plaintiff entered into a contract with the Defendant for sewage supply of temporary and reinforced concrete construction works among the Construction Works on the E-Ground Housing at Jeju, and completed construction works. The construction cost was calculated as KRW 2,637,740.

E. From October 30, 2014 to September 11, 2015, the Plaintiff paid KRW 354,900,000 to the Defendant as the construction price of each of the above construction works.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-1, 3, 4-1 and 2-2, the purport of the whole pleadings

2. The Plaintiff’s assertion and judgment are sought for payment of KRW 47,931,070 for additional construction work related to the instant construction work, and damages for delay.

In order to recognize the obligation of the contractor to pay the additional construction cost, there should be a separate agreement between the contractor and the contractor on the execution 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 sole basis of the descriptions of the evidence Nos. 1-2, 5-2, 6-2, and 6 and the testimony of witness F, and there is no other evidence to acknowledge it.

3...

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