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(영문) 부산지방법원 서부지원 2018.01.19 2017가단3268
공사잔대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff entered into a contract with the Defendant who operates the D Foreign Language Research Institute in Ulsan, under which the E Library Indoor Construction Corporation (hereinafter “instant construction”) was awarded a contract under the following conditions:

1) Construction cost: The construction period of KRW 100 million: (a) includes the removal of the second floor E Library of the second floor, including the second floor remodeling (including the existing online lecture room being remodeled into two lecture rooms) of the fourth floor, including the remodeling of the part of the 3rd floor (including the remodeling of the 2 lecture rooms) of the remodeling of the part of the 4th floor (on the online room, counseling room, the head of the kindergarten, the test room, the production room, the string room, the knife room, the knife room), from April 9, 2014 to May 12, 2014) including the outside signboards of the 2,3, and the installation of the 4th class D English Private Teaching Institute.

B. As the need for additional construction work, which was not included in the construction contract form from among the Dos that carry out the instant construction work, the Plaintiff and the Defendant agreed to settle the construction work through a written estimate later, and implemented some additional construction works, such as construction work for the additional space, such as construction work for the housing of the fiveth floor, construction work for the removal of underground floors, and construction work for the FAD counseling room remodeling work.

C. Around July 31, 2014, the Plaintiff requested for the suspension of the instant construction work upon the request of the Plaintiff to settle the remainder of the construction cost with some finishing works, such as interior stairs, exterior decoration, and interior signboard works. The Defendant paid the Plaintiff the total amount of KRW 130 million up to that time.

[Recognition] Facts without dispute, Eul evidence 2, Eul evidence 5-1 and 2

2. The parties' assertion

A. The Defendant asserted the Plaintiff’s main claim against the Plaintiff was promising to pay the additional construction cost in the instant construction project later and continuously demanded the additional construction project. In the process, the Plaintiff did not pay the additional construction cost after the completion of the construction project, even though the construction project was neglected and unreasonable.

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