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(영문) 창원지방법원 2017.10.24 2016나4017
공사대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company whose purpose is creative work business, etc., and the defendant is an engineering work business company, etc.

B. The Defendant was awarded a contract from the owner of the building for the construction of neighborhood facilities and detached houses on the ground of land C at the netcheon City, and the Plaintiff was awarded a subcontract from the Defendant for the construction of windows, glass works, roof home conduits and metal construction works among the above construction works (excluding surtax) and the construction period from November 6, 2014 to December 31, 2014 (hereinafter “instant construction works”).

C. The Plaintiff completed the instant construction, and delivered the part completed by the Corporation on June 1, 2015 to the Defendant, and the Defendant paid to the Plaintiff totaling KRW 73.7 million by transferring the amount of KRW 15 million to the respective accounts on November 24, 2014, KRW 15 million on January 27, 2015, KRW 50 million on February 17, 2015, and KRW 43.7 million on July 3, 2015.

[Ground of recognition] Unsatisfy, Gap 1, 2

3. Each entry of 4, 5, and 1 B (including branch numbers for those with serial numbers) and the purport of the whole pleadings;

2. The parties' assertion

A. The Plaintiff’s assertion 1) During the construction of the instant case, the additional construction is called the instant additional construction works under the direction of the Defendant’s director and the site director (hereinafter “instant additional construction”).

(2) Since the Defendant’s on-site director confirmed the instant additional construction works, the Defendant is obligated to pay the additional construction cost. (2) Since the Defendant’s assertion that the Plaintiff added the additional construction works was made after written report, it is contrary to Article 13 of the Subcontract Special Conditions. Since the instant construction contract is the total amount of the construction contract, there is no obligation to pay the construction cost for the additional construction works, and it is merely a reconstruction project that is not carried out according to the existing design, not the additional construction project, except for the portion related to the “SD-2 SD-2 S-2 S-2 S-2 S-2 S-

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