logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.07.24 2019가단122476
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. On October 18, 2018, the Plaintiff entered into a contract for construction with the Defendant to pay the entire repair works on the second-class housing located in Daegu-gu, Daegu-gu, the Defendant-owned (hereinafter “instant construction works”) for KRW 45 days of construction period, the total construction amount of KRW 73,000,000 of construction amount, the intermediate payment of KRW 13,000,000 of construction amount, the intermediate payment of KRW 30,000,000 of construction amount, and the remainder amount of KRW 30,000 after the completion of construction in December.

B. Although the Plaintiff continued the instant construction, the construction was suspended on December 12, 2018 without completion.

C. The Defendant paid the Plaintiff KRW 43,000,000 in total as construction cost.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers), Eul evidence 1, 8, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that “The instant construction was suspended at the Defendant’s unilateral demand, but around December 12, 2018, the Plaintiff completed additional construction works requested by the Defendant other than the original construction works as agreed upon by the Defendant during the instant construction works, and the original agreed construction works are completed at least 90%, and thus, the Defendant is obliged to pay the Plaintiff KRW 37,698,030,000, in total, as the principal construction works and the additional construction works are completed.”

In regard to this, the Defendant asserts, “The Plaintiff did not perform the construction work differently from the content of the construction contract, and it was inevitable for the Defendant to terminate the construction contract and to complete the construction work by unilaterally suspending the construction work by unilaterally demanding an unreasonable additional construction contract. The Plaintiff’s assertion that the construction work has been completed at least 90% is without merit, and the Plaintiff’s claim is unreasonable in light of the damages incurred by the Defendant’s delayed construction cost and construction period.”

B. What is the contents of the additional construction required by the Defendant, what is the additional construction cost, and what is the Plaintiff’s objection.

arrow