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(영문) 수원지방법원 2016.07.13 2015가단9222
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Evidence No. 1, A2, B3, witness C, and the purport of the whole pleadings

A. The Plaintiff is an individual entrepreneur who operates a small-scale civil engineering construction business, and the Defendant is a stock company with the purpose of food and siren business, indoor decoration business, design construction business, etc.

B. The Co., Ltd. and the defendant shall have the jurisdiction over the alteration of the E structure in Dongdaemun-gu Seoul Metropolitan Government D.

C. Around August 2014, the Plaintiff entered into a contract for construction works between the Plaintiff and the Defendant, under which the Defendant was awarded a contract for a fireproof work (hereinafter “instant works”) among the above structural changes, and the Defendant agreed with the Defendant to supply the materials necessary for the instant works to the Plaintiff.

The Plaintiff started construction on August 4, 2014 and completed the construction on September 19, 2014.

E. On August 11, 2014, the Defendant paid to the Plaintiff KRW 4.4 million, KRW 5 million on August 30, 2014, KRW 5.5 million on August 30, 2014, KRW 12 million on September 5, 2014, and KRW 5.5 million on September 16, 2014.

F. The Plaintiff completed the construction by being awarded a contract with the Defendant for a work on the Incheon Gyeyang-gu site other than the instant work, and the Plaintiff’s construction cost is KRW 2,040,000.

2. The allegations by the parties and the judgment of this court

A. The scope of the claim amount of the construction cost (1) of the Plaintiff’s assertion (A) demanded the Defendant representative director F to increase the unit price for the remainder of the construction cost, other than polyphishing and spool spool, at the time the Plaintiff’s assertion was completed and the second construction was commenced, and F agreed to the increase of the unit price for the construction cost at KRW 65,00,000, the construction cost was KRW 56,480,600.

Therefore, the defendant should pay to the plaintiff KRW 29,080,60 (=56,480,600-27,400,000).

(B) The Defendant agreed at KRW 37,00 per square day the unit price for the counter-regulive construction of the Defendant, but at the Plaintiff’s request, partially increases the unit price for the counter-regulive construction per square day.

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