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(영문) 울산지방법원 2020.12.10 2019가단124184
공사대금
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the statement No. 1 and No. 2 of the basic facts, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendants on March 18, 2019, which newly constructs multi-household housing on land E located in Yangsan-si (hereinafter “instant construction contract”) by determining the total cost of KRW 160 million from April 1, 2019 to July 31, 2019. The Defendants paid the Plaintiff KRW 145,100,000 to the construction cost of the instant case.

2. The parties' assertion

A. The Plaintiff’s assertion (1) completed the construction work under the instant construction contract, but the Defendants did not pay the remainder of construction cost of KRW 14.9 million.

(2) During the instant construction process, the Defendants demanded the Plaintiff to perform the additional construction work (the additional construction cost of KRW 2.6 million for each of the instant construction works, KRW 2.6 million for water supply, KRW 7.6 million for water supply, KRW 2 million for water supply, KRW 1.5 million for external block three short-term construction works, KRW 1.5 million for civil engineering works, KRW 1.5 million for boiler operation, KRW 1 million for boiler operation, KRW 3.5 million for internal thermal py, and KRW 2 million for internal ion. However, the Defendants did not pay KRW 24.2 million for additional construction works.

B. (1) The Plaintiff did not perform the construction of a crime prevention window, a Grand Sglass, a tegrhlass, and a boundary fence as stipulated in the instant construction contract, and the Plaintiff did not complete the construction of the instant case, such as defective pipes, window dressings, and embankings during the construction performed by the Plaintiff.

(2) The Additional Corporation asserted by the Plaintiff is either included in the contents of the instant construction contract or agreed with the Defendants.

3. Determination

A. Each of the following circumstances revealed in Gap evidence Nos. 1, 2, 2, 2, 2, 5, 6, 7, and 8 (including virtual numbers) among the construction price under the instant construction contract, are the whole purport of the pleadings, i.e., the following circumstances.

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