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(영문) 전주지방법원 2019.12.20 2018나12301
공사대금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the cause of the claim is that the Plaintiff is obliged to pay the Plaintiff additional construction cost of KRW 500,000,000 to the Plaintiff, since it was impossible for the Plaintiff to install wastewater at the original design site, and additionally KRW 5,50,000,00 in the process of installing a new design at another location, while the Plaintiff was subcontracted the construction cost of the sewage pipe (including value-added tax) from the Defendant for construction of a new factory for D Co., Ltd. located in Gunsan-si. (hereinafter “instant construction”).

2. In full view of the overall purport of arguments and arguments as to Gap's evidence Nos. 2 through 4 (including paper numbers; hereinafter the same shall apply), Eul's evidence Nos. 1 and 2, it is recognized that the construction work was performed without following regular procedures such as contract amount adjustment with the defendant, in addition to reporting the fact that the plaintiff subcontracted the construction work in this case from the defendant to the head of the site office, although it is recognized that the location of sewage pipes was changed differently from the initial design, and that the plaintiff was performing the construction work in this case.

Considering the fact that the above additional construction works only move the location and do not extend the scale of the existing sewage pipe design, and the Plaintiff does not submit the detailed details of the additional construction expenses, the evidence submitted by the Plaintiff alone cannot be recognized as having additionally paid the cost of KRW 5.5 million as claimed by the Plaintiff in relation to the additional construction works, and there is no other evidence to acknowledge it otherwise. Accordingly, the Plaintiff’s claim cannot be accepted.

3. Thus, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance which concluded otherwise is unfair, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.

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