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(영문) 대구지방법원 서부지원 2018.04.25 2017가단13414
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. With respect to the construction of a multi-family house on the ground of Daegu-gun District Implementation Group C (hereinafter “instant construction”), the construction contract was prepared on July 20, 2016 with the Plaintiff, the contractor, the Defendant, and the construction cost as the construction cost (including value-added tax) of KRW 330 million (hereinafter “instant contract”). As to the contract amount, Article 5 of the said contract states, “20% of the construction cost after the land construction work, 35% of the construction cost after the aggregate construction work, 30% of the construction cost after the aggregate construction work, 30% of the construction cost after the aggregate construction work, and 15% of the remainder after the completion of construction work other than the design drawing.”

B. The Defendant paid 280 million won to the Plaintiff as the construction price for the instant construction work until now.

[Ground of recognition] Evidence No. 1, No. 1, No. 1, and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff's assertion is obligated to pay the balance of construction price of KRW 50,000,000 as agreed upon in the contract of this case and KRW 20,000,000 as additional construction cost for the additional construction works upon the defendant's request.

B. 1) According to the previous part of the claim for construction cost, the plaintiff and the defendant stated that the remaining 15% of the construction cost of the contract of this case shall be paid after finishing the work other than the design drawing. Since the plaintiff himself did not complete the completion of the construction work for the 3th floor room and the 2nd floor room and the 2nd floor room room under the contract of this case and the completion of the completion work under the contract of this case, such as the installation of electronic equipment, etc., the part of the claim for the remainder of the construction cost under the premise that the plaintiff, a prior performance obligation under the contract of this case, completed the completion of the construction work, is without any justifiable reason. 2) The part of the claim for the additional construction cost of this case under the premise that the completion work of the plaintiff, a prior performance obligation under the contract of this case, is without any reason to further examine it.

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