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(영문) 대전지방법원 2020.04.22 2019나107423
지체상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

. D’s burden of cost

(D) The details of the “matters subject to consultation on the part of construction” (Evidence A 5) to carry out the supplementary and repair construction works were written as follows: (a) the agreement on the said part of construction works set forth the amount of 13,500,000 won ( principal amount of 10,500,000 won and additional 3,00,000 won) as a special engineer; and (b) the construction cost is “the owner shall pay directly to the work owner within the scope of the period during which the contract is not yet effective.” (e) On September 8, 2017, the Plaintiff is a written estimate submitted by E to C (hereinafter “instant quotation”).

) The phrase “I will not raise any objection to F Commercial Building any more, and will delegate the whole amount of the construction to I Company E” (hereinafter “instant phrase”) at the bottom of E along with “I will not raise any objection to F Commercial Building.”

A. The entry was made.

Under this, C and the Plaintiff’s signature, and the lower part of the above content, including new price of KRW 2.5 million (15,500,000) * at the time of permission at the design office of the amount excluding new price * at the time of permission at the design office.

* In the event of the completion of the project, the Plaintiff A, the owner of the project, shall be responsible for and pay for the above-mentioned amount when the toilet change movement and partitions have been constructed without any defects.

The plaintiff's signature is written as "," and at the end, there is a signature of the plaintiff.

F. After that, E continued the instant construction, and obtained approval for use on or around January 8, 2018.

G. Meanwhile, upon the Plaintiff’s request, C carried out an additional construction project that is not included in the instant construction contract item during the instant construction project, and filed a lawsuit against the Plaintiff for additional construction cost claim with the Daejeon District Court Seosan Branch.

On April 16, 2019, the first instance court determined the construction cost as KRW 13,50,000, including the instant construction cost and supplementary construction work and the existing additional construction work, around September 5, 2017, and around the 8th day of the same month, E performs the said construction work, and the Plaintiff and the Defendant.

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