logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.14 2015가단40201
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiff concluded a construction subcontract agreement with the Defendants to perform the following construction works by being awarded a contract:

(hereinafter referred to as the “instant construction contract”): The name of the prime contractor of Chuncheon-si Construction Project: The name of the subcontracted construction project for the creation of Kim Jong-si Village: the roof construction project (hereinafter referred to as the “instant construction project”) among the projects for the creation of Kim Young-si Village (hereinafter referred to as the “instant construction project”): the contract amount on March 24, 2014 on June 10, 2014: 297,000,000 won on June 10, 2014.

B. After that, on June 30, 2014, the Plaintiff entered into a contract to alter the construction period under the instant construction contract with Defendant Quasi-General Construction Company (hereinafter “Defendant Quasi-General Construction”) by July 31, 2014.

C. On July 31, 2014, the Plaintiff completed the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff asserted that the additional construction cost had been incurred due to the design change, etc. after the contract for the instant construction work, and sought payment of the additional construction cost for the instant construction work from the Defendants.

In the case of a contract for a construction project for which the contractor has set the total construction cost, the contractor shall not be obliged to pay the contractor the amount exceeding the original construction cost as the construction cost, except in extenuating circumstances, but if the contractor has made an additional construction work not under this contract, there is room to pay the additional construction cost.

I would like to say.

(See Supreme Court Decision 2005Da63870 Decided April 27, 2006). Meanwhile, in order to recognize a contractor’s additional construction cost claim, there must be an agreement with the contractor on the implementation of the additional construction and the payment of the additional construction cost. If the additional construction cost agreement is not based on a written document, the contractor’s reason leading up to the additional construction work, details of the additional construction work (whether it exceeds the ordinary scope), and the contractor.

arrow