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(영문) 인천지방법원 2019.06.21 2018나65111
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On February 2, 2017, the Plaintiff entered into a contract with the Defendant, the owner of the second floor store and housing building on the ground C in Kimpo-si, Kimpo-si (hereinafter “instant building”) for substantial repair construction as follows:

(hereinafter referred to as “the instant construction contract”). - The construction period: April 10, 2017 completed on February 10, 2017 - the contract amount: 110,000,000 won - Special conditions

1. The addition shall be made when any construction work is undertaken without any item in the written estimate;

No further construction shall be made;

2. Five water meter; including one-way deposit money;

3. Acknowledgement of additional expenses for a change to a report on large-scale repair other than a report on authorization and permission;

4. A separate surtax.

Employment Insurance Premium Separate

5. A separate urban gas paint.

6. Issuance of defective performance securities at the request of the project owner upon the receipt of any balance;

7. Walls fever (Stiro 50) shall be constructed only on the outer wall of a building;

-presumed conditions

1. V.A.T. Insurance Contribution (refinite, refinite) Map;

2. Conditions for monitoring the volume increase and the settlement of accounts (excluding the check details);

3. Separate construction outside works;

4. Including expenses for electricity and water supply.

5. Separate cost of urban gas installation;

6. Usage fees for the exclusive use of drinking water;

B. During the instant construction work, the Defendant had several disputes over whether to recognize additional construction works between the Plaintiff and the Plaintiff and the delay of construction works.

C. On April 2017, the Defendant asserted that “after completing construction works according to the instant construction contract, all of which was completed, and the additional construction cost of KRW 34,418,00 was incurred.”

The Plaintiff paid KRW 86,00,000 to the Defendant for the construction cost of the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion completed all construction works under the instant construction contract, and, in addition to the details stipulated in the first contract, additional construction works equivalent to KRW 34,727,00 as stated in the attached Table 1.

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