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(영문) 대구지방법원 2020.06.17 2019나302372
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

A. The Plaintiff’s assertion on this part is without merit, since it is difficult to acknowledge that the Plaintiff agreed on the additional construction cost of the first floor, the multi-use room and boiler, and the warehouse construction cost of KRW 35 million, and there is no other evidence to acknowledge it.

(7) This part of the Plaintiff’s assertion is without merit, as there is no other evidence to acknowledge that the Plaintiff and the Defendant agreed on the construction cost of the reinforcement floor with the exception of the construction cost of 3 million won, even if the above part is constructed on the panel, compared to the construction on the panel, as a result of the appraiser D of the first instance court’s appraisal. 7) Construction on the reinforced floor, the evidence submitted by the Plaintiff alone is difficult to acknowledge that the Plaintiff agreed on the construction cost of 3 million won between the Plaintiff and the Defendant. 5) The part of the Plaintiff’s assertion was examined as to the 5th square meters added to the initial agreement. According to the terms and conditions of the contract of this case, following the completion of the contract of this case, the contract of this case includes the construction of the married couple’s toilet, boiler room construction, and the rear roof structure (3,000*14,00), double-use room (2,500*3,000), storage (2,500*3,000) construction cost in addition to the construction cost under the contract of this case.

In other words, in light of the fact that the contract of this case was originally constructed in addition to 40 square meters from the original house and the part that the plaintiff claims as including the married couple's toilets and boiler rooms, and that the defendant separately states the part that the defendant bears the additional payment in addition to the contract of this case, it is reasonable to view that the contract of this case includes the price for the scheduled construction after the completion of the contract of this case, unless there are other special circumstances.

Therefore, this part of the plaintiff's assertion is without merit.

6 As seen earlier, the Defendant added the construction cost under the instant contract to the Plaintiff. As seen earlier, KRW 5,8510,000 shall be added.

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