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(영문) 수원지방법원 2014.07.08 2013가합8703
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 11, 2012, the Plaintiff entered into a contract with the Defendant to accept a subcontract, setting the construction period from July 16, 2012 to December 12, 2012, with respect to the soil works and household facilities works among the urban-type residential housing construction works on the land (hereinafter “instant construction works”) among the urban-type residential housing construction works on the land (hereinafter “instant construction works”), with the Defendant, at KRW 668 million for the construction cost.

(A) On December 31, 2012, the Plaintiff entered into a contract with the Defendant to change the construction period of the instant subcontract from July 16, 2012 to June 30, 2013, respectively, to KRW 900 million.

(A) Evidence No. 4, hereinafter “instant modified contract”). The Plaintiff completed the instant construction within the construction period stipulated in the instant modified contract, and was paid KRW 900 million as the construction price by the Defendant.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 3 and 4 (including each number), the purport of the whole pleadings]

2. The plaintiff's assertion claims against the defendant for the payment of KRW 782 billion and damages for delay for the following reasons.

이 사건 변경계약의 공사대금 9억 원은 이 사건 공사현장의 암석이 대부분 보통암 암석은 탄성파속도(km /sec), 강도(kg /㎠) 등에 따라 풍화암 < 연암 < 보통암 < 경암 < 극경암으로 구분한다.

The defendant is obligated to pay to the plaintiff KRW 782 billion for additional construction costs due to the increase of construction cost, because most of the construction cost is a light cancer or extreme cancer actually consisting of light cancer.

B. The Plaintiff entered into the instant modification contract due to the omission of most of the rocks in the construction site of this case, such as light cancer or toxic cancer, and most of them were normal cancer, and thus, such contract is revoked on the ground of mistake.

However, the amendment contract of this case was revoked.

Even if the construction of this case is completed, the defendant.

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