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(영문) 울산지방법원 2017.11.23 2017나1035
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is a company running the waterworks and sewerage facility construction business, and the defendant is an organization composed of occupants of Ulsan-gu B apartment (hereinafter "the apartment of this case") and manages the apartment of this case.

B. On November 8, 2016, the Plaintiff and the Defendant concluded a contract for construction works to pay 101 units of the instant apartment complex, 103 units of wastewater pipes, and the closure of septic tanks during the construction period from November 16, 2016 to December 15, 2016, the construction cost of KRW 16 million (excluding surtax), the construction cost of KRW 50% on the contractual date, and the remainder of 50% on the completion date, respectively.

(hereinafter “instant construction contract”). C.

The Plaintiff received KRW 8 million from the Defendant on the day of the contract.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 6, Eul evidence No. 2, the purport of the whole pleadings

2. Assertion and determination

A. (1) The Plaintiff (A) decided to construct a PVC pipeline inside the septic tank for the instant construction contract, but changed to the direct connection construction after destroying the external land. In the case of 103 consent, the direct connection of the sewage pipe had already been constructed and instead replaced by the guard room toilet pipe pipe pipe pipe pipe pipe, toilet remodeling work.

Since the Plaintiff completed all construction works including the above modified parts, the Defendant is obligated to pay the unpaid portion of the construction cost under the instant construction contract and the delay damages therefor to the Plaintiff.

(B) During the construction process of the instant apartment house, a construction contract was concluded between the Plaintiff and the Defendant for the construction work to separate the instant apartment house from the instant construction work (hereinafter “instant additional construction contract”). Since the Plaintiff completed the instant additional construction work, the Defendant is obliged to pay the instant additional construction cost and damages for delay.

(ii).

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