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(영문) 부산지방법원 2019.01.09 2017가합44240
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s construction contract 1) On May 21, 2013, the Plaintiff entered into a contract with the Defendant for the construction of the building C in the Geum-gu Busan (hereinafter “instant building”).

) New construction works (hereinafter “instant construction works”)

(ii)the contract under which ‘A contract for work price of KRW 3.3 billion (including value-added tax) and the contract for the contract to be concluded between May 27, 2013 and May 31, 2014 (hereinafter referred to as the "instant contract") shall be:

AB concluded the agreement.

1. Exclusion from estimate;

(a) Boundary surveys, geological surveys and various supervision costs separate;

(b) A separate between the development of groundwater and the cost of construction for water supply;

(c) The deposit of oriental medicine and the separate deposit of all kinds of books;

(d) Exemption from contributions to sewage;

(e) A separate gas facility contribution;

(f) Separate estimate other than a detailed statement;

2. Reference for estimate;

(a) Calculation of ground destruction and cutting shall be based on general earth and sand (based on the settlement of actual expenses incurred in handling rocks);

(b)not including kitchens and restaurants, office fixtures, and fixtures;

(c) Kapetia equipment except for Kapetia equipment;

(d) Exclusion of management office, re-high speed meeting office, and counseling office fixtures;

E. The Plaintiff and the Defendant separately determined the terms of the instant contract as follows: (a) around December 2014, the Plaintiff and the Defendant completed the instant construction and obtained approval for use of the instant building on January 23, 2015. [Grounds for Recognition] There is no dispute over the instant building; (b) Party A’s evidence Nos. 5, 19, and Party B’s evidence Nos. 1 (including household numbers; hereinafter the same shall apply)

- The purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1 of the parties' assertion agreed with the defendant separately to settle the additional construction works other than the contract specifications at the time of concluding the contract of this case. The plaintiff performed additional construction works other than the contract specifications, and paid additional expenses corresponding to the difference between the contract amount and the contract amount as shown below. Thus, the defendant bears the plaintiff's additional construction expenses for each item of construction of this case as to each item of construction of this case and damages for delay.

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