(영문) 광주지방법원 2020.05.12 2019가단500418

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(영문) 광주지방법원 2020.05.12 2019가단500418

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 20, 2018, the Plaintiff and the Defendant entered into a subcontract with the owner and the limited company C (hereinafter referred to as “non-party company”) with respect to the construction work for underground soil removal (hereinafter referred to as “instant construction work”) among the “the incidental civil construction work for the construction work for the Class I neighborhood living facilities in the Mine-gu D, Mine-gu,” which the Defendant supplied by the owner and the client, as the owner, for the construction period from March 20, 2018 to May 31, 2018.

B. The construction content of the instant construction contract was designed to perform three pages of the entire four pages as CIP method, and the remaining one as CIP method. The Plaintiff completed the construction work around August 2018.

C. Meanwhile, from May 25, 2018 to December 31, 2018, the Defendant paid 161,700,000 won to the Plaintiff at the time of concluding the instant construction contract.

[Reasons for Recognition] Facts without dispute, Gap's 1 through 3, 6, 7 evidence, Eul's 5 and 6 evidence, Eul's witness E's testimony, the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion 1) While executing the instant construction project, the Plaintiff and the owner of the instant construction project changed the contents of the construction project as seen earlier at the request of the owner of the construction project. At the time, the Plaintiff made an oral agreement between the owner of the construction project and the Defendant on the settlement of the construction cost, and even according to Article 14 of the General Conditions of the Subcontract, which is the content of the instant construction contract, the Defendant is obligated to pay the adjusted construction cost according to the design change. Therefore, the Defendant is obligated to pay the Plaintiff the construction cost plus KRW 33,904,420, and the damages for delay thereof. 2) The Defendant did not have concluded an agreement with the Plaintiff after concluding the instant construction contract, to change the construction cost of one page designed by the method of construction of soil walls to the CIP, or to settle the price thereof

유사 판례

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