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(영문) 대구지방법원 2015.11.13 2014가합7777
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Approved down payment of 100,000,000 won: The remainder after completion of 170,000,000 won (at the time of completion of aggregates): 60,000,000 won (matters under special agreement);

2. The contract shall be entered into by the head of EM branch offices, and shall be liable as if E and A were defective.

3. The portion of construction other than those mentioned in the construction drawing shall be responsible for the contractor.

4.In accordance with mutual agreement, matters to be consulted may be added.

On March 6, 2013, Defendant B: (a) determined the construction cost of KRW 330,000,000 as the construction cost of the instant construction work with two above ground fences in Namwon-si (hereinafter “instant construction”) to the Plaintiff; and (b) contracted the instant construction work as follows:

(hereinafter “instant contract”). (b)

Under the agreement with Defendant B after the instant contract, the Plaintiff partially constructed the design drawings at the time of the instant contract (hereinafter referred to as “contractual drawings”).

(hereinafter referred to as “additional Works”) a part which is executed differently from the contract drawings.

From the date of the instant contract to July 13, 2013, Defendant B paid to the Plaintiff the sum of KRW 234,000,000 for the construction cost of the instant case (as seen below, in Jeonju District Court Branch Decision 2014Gahap367, Jeonju District Court Branch Decision 2014Gahap367 on the premise that Defendant B paid the Plaintiff KRW 234,00,000 as the construction cost of the instant case).

On July 31, 2013, the Plaintiff suspended the instant construction work upon demanding Defendant B to pay the remainder of KRW 97,000,000 and the additional construction cost of KRW 137,00,000.

Accordingly, Defendant B rejected the payment of additional construction cost on the ground that the construction cost had already been fully paid.

E. After that, the Plaintiff did not proceed with the instant construction. Defendant B notified the Plaintiff of the termination of the instant contract, which led to an implied agreement on the instant contract.

(1) Calculation method of the cost of construction: The amount calculated by multiplying the remainder, other than the above additional construction cost of KRW 29,99,352, by the agreed price after calculating it (2).

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