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(영문) 대구지방법원 김천지원 2018.10.24 2017가단31872
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. The plaintiff's assertion

A. On September 26, 2016, the Plaintiff (mutually: D) concluded a remodeling contract between the Defendants and the Defendants, setting the construction cost of KRW 150,000,000 for the construction cost for the second floor building E on the old-si ground, and the construction period from September 29, 2016 to November 10, 2016.

B. While the Plaintiff was carrying out remodeling works under the aforementioned contract, the Plaintiff completed additional construction works equivalent to KRW 36,285,00,000, such as concrete building works, at the request of the Defendants, on December 20, 2016, but did not receive the additional construction cost up to now.

C. Therefore, the Defendants are obligated to pay the Plaintiff additional construction cost of KRW 36,285,00 and damages for delay.

2. As to the defendants' assertion, the additional construction works as claimed by the plaintiff are nothing more than those contained in the specifications of the remodeling construction works, or those repair of defects. The defendants did not agree to pay the additional construction works, and even if the additional construction works are recognized, the plaintiff is liable to compensate the defendants for damages in lieu of defect repair and for damages arising from delay of construction works. Thus, the plaintiff asserts to the effect that the additional construction works are offset by the automatic bond.

3. In the judgment, the details of the additional construction claimed by the Plaintiff are ① concrete studs (1, 2, and rooftop floors), ② roof work in the stairs room, studs work, ③ 1, and 2th floor expansion work, ④ additional construction work to add the extended part, ⑤ waste disposal work, ⑤ construction in the ceiling studs of the second floor, ④ construction in the rooftop rail studs-throug, ④ construction in the reinforcement floor, ③ construction in the second floor, ④ construction in the second floor, ③ reconstruction in the first floor line of the second floor, ④ reconstruction in the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the second floor of the first floor of the first floor of the construction work. However, the evidence submitted by the Plaintiff, including this, is highly likely to have been prepared on the premise of the additional construction work in light of the time of preparation and its contents.

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