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(영문) 서울동부지방법원 2020.02.18 2018가단127935
공사대금
Text

1. The Defendant’s KRW 122,634,30, and the Plaintiff’s annual rate of KRW 6% from April 18, 2018 to February 18, 2020.

Reasons

1. Basic facts

A. On December 2, 2016, the Plaintiff supplied the Defendant with sewage at KRW 275 million, among the “C Accommodation Construction Work” that the Defendant supplied and supplied from the Defendant (hereinafter “instant Construction Work”).

B. At the time, D, an employee of the Defendant, served as the head of the site of the instant construction, and D, on January 9, 2017, drafted a written confirmation to the Plaintiff that “it is confirmed that the instant construction has been added to the construction cost of KRW 93 million.”

C. The Plaintiff completed the instant construction work, and the Defendant paid the Plaintiff KRW 245,365,700 in total from December 15, 2016 to April 17, 2018.

[Evidence] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The party's assertion and judgment

A. The plaintiff asserts that the plaintiff, at the request of the defendant in addition to the construction of this case, carried out each construction work equivalent to KRW 93 million and KRW 6.7 million, and that the plaintiff claimed payment of the remainder of KRW 129,334,300 and the delay damages for the construction work of this case, including the above additional construction work costs, excluding the amount already paid, shall be claimed.

As to this, the Defendant did not request the Plaintiff to perform additional construction works other than the instant construction, and according to Article 4 of the Special Conditions for the instant construction contract, the Plaintiff may claim the additional construction cost when the Plaintiff prepared a design change certificate and obtained approval from the Defendant. Since the Plaintiff did not undergo the aforementioned procedures, the Plaintiff’s unilateral claim for the additional construction cost is unjust.

B. According to Gap evidence No. 2 as to the recognition of additional construction cost equivalent to KRW 193 million, the plaintiff under Article 4 of the Special Conditions for the Construction Contract of this case shall prepare drawings and details of a certificate of modification of the design, stating the change before the construction and the increase or decrease of construction cost, and execute the construction after obtaining the defendant's approval. This is the sole basis for the settlement of this.

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