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(영문) 서울중앙지방법원 2016.05.03 2015나23580
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought payment of KRW 4,400,00 for the unpaid construction cost, and KRW 25,858,113 for the additional construction cost. The court of first instance accepted only KRW 4,400,000 for the unpaid construction cost and dismissed the claim for additional construction cost.

In this regard, the appeal was filed against only the plaintiff in full, but the purport of the appeal was reduced to 16,196,50 won for additional construction costs and damages for delay. Thus, the scope of the appeal by this court is limited to the claim for additional construction costs against the plaintiff.

2. Basic facts

A. On January 16, 2013, the Plaintiff and the Defendant entered into a subcontract with the Jongno-gu Office (hereinafter referred to as the “instant subcontract”) under which the Defendant concluded a contract with the payment of the construction cost of KRW 60,500,000 (including KRW 5,500,000) and the construction period of KRW 16,03 to April 22, 2013 (hereinafter referred to as the “instant subcontract”).

B. The Plaintiff completed the construction work around May 20, 2013.

From May 7, 2013 to July 8, 2013, the Defendant paid KRW 56,100,000 out of the construction cost under the instant subcontract from May 7, 2013 to July 8, 2013.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

3. The parties' assertion and judgment

A. The Plaintiff and the Defendant, at the time of the instant subcontract, calculated the construction cost on the premise of construction by installing a ethyl ethyl in the shape of a non-fixed bridge shape in glass after first installing a ethyl glass on the outer wall windows at the time of the instant subcontract. However, during the construction process, the Defendant demanded that the design be modified by installing a ethyl ethyl in the shape of a non-fixed bridge shape first, and then processing and installing glass corresponding thereto. 2) Furthermore, the Plaintiff’s glass Corporation may begin work after the completion of the creative construction and civil engineering work, and the Plaintiff’s commencement and completion was delayed.

3. The above defendant's .

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