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(영문) 춘천지방법원 2017.09.27 2017나333
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the cause of the claim

A. On August 13, 2015, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant for a construction contract (hereinafter “instant construction contract”) with the term “construction cost of KRW 3 million for construction work” and the term “construction work” for the construction period of KRW 3 million, and the construction period of August 31, 2015, with the term “construction cost of the instant construction project” (hereinafter referred to as “instant construction contract”).

The Plaintiff received KRW 1,00,000 from the Defendant for the construction work, and the construction work performed by the Plaintiff, which agreed on August 31, 2015, to require the obligor to change the content of the construction work and to be paid additional construction cost, and completed all of the instant construction work on August 31, 2015, and the Defendant did not pay the remainder of KRW 2,870,000 (= KRW 1,070,000 - 1,200,000). As such, the Plaintiff is obligated to pay the unpaid construction cost and damages for delay.

B. 1) The evidence submitted by the Plaintiff, including the evidence No. 1, as to the unpaid construction cost, is insufficient to recognize that the Plaintiff completed the instant construction work, and there is no other evidence to acknowledge this otherwise. Rather, in full view of the purport of the entire pleadings in the statement No. 1, the Plaintiff’s claim for this part of the instant construction work is recognized only as having not been completed. Therefore, in order to recognize the contractor’s claim for additional construction cost as to the additional construction cost, there is no reason to deem the contractor’s claim for additional construction cost, there is a separate agreement between the contractor and the contractor on the execution of the additional construction work and the payment of additional construction cost, and the contractor claiming the additional construction cost.

However, it is recognized that the plaintiff and the defendant agreed on the implementation of additional construction works and the payment of additional construction costs.

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