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(영문) 부산고등법원 (창원) 2018.11.29 2016나21103
공사대금
Text

1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the construction business in the name of “C”, and the Defendant is a company with the main purpose of producing, processing, and distributing livestock products.

B. On June 2012, the Plaintiff received a contract from the Defendant for the construction of a new land fraternity on the ground of Kimcheon-si D (hereinafter “Gimcheon-si”) and for the construction of a new land fraternity E on the ground of Kim Chang-gun, Kim Chang-gun (hereinafter “the construction of this case” in the following below), with the construction cost of KRW 4.6 billion (excluding value-added tax) and the construction period of KRW 1.6 billion (hereinafter “instant construction”) from July 1, 2012 to December 31, 2012.

C. Upon entering into the instant contract for construction, the Plaintiff and the Defendant agreed to perform construction by changing the construction method from the “refilled soil piling up” method as indicated in the design drawing in relation to the retaining wall construction of Kimcheon Construction to the “refluent soil piling up” method, but the material cost was to be paid separately to the Plaintiff on the condition that the “influence of the construction site.”

On June 2012, the Plaintiff began to perform Kimcheon Construction.

E. However, the Plaintiff did not proceed with the construction work after the commencement of the construction work.

F. On October 11, 2012, the Plaintiff agreed to the effect that “In the presence of G as of October 11, 2012, the instant contract for construction works is reversed as of October 11, 2012” between the Defendant and the Defendant. The Plaintiff waivers all rights thereafter. By October 11, 2012, the Plaintiff agreed to settle the accounts based on the details of the construction works (to be treated as the content of soil, drainage, and electric stone design change).”

(g) At the following time, the Defendant: (a) transferred the site from the Plaintiff to the Kimcheon Construction site and directly performed the remaining construction; (b) applied for a completion inspection of development activities on site creation and an application for approval for use of land-building on April 18, 2013 to the Kimcheon Market; and (c) obtained a completion inspection on April 24, 2013 from the Kimcheon Market; and (d) obtained approval for use on April 25, 2013 from the Kimcheon Market.

(b) the basis for recognition;

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