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(영문) 춘천지방법원 강릉지원 2018.02.13 2017나31217
정산금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Plaintiff concluded the instant construction contract and paid the construction cost

(2) On May 20, 2016, in order to have the store operated by himself/herself moved to the building of this case after remodeling, the Defendant was awarded a contract for remodeling construction work of this case from May 25, 2016 to August 30, 2016 (hereinafter “instant primary contract”).

(2) On June 22, 2016, the Plaintiff and the Defendant added the reinforcement of outer walls and the replacement construction of septic tanks to the construction details (hereinafter collectively referred to as “instant construction” in the instant first contract) and changed the construction cost to KRW 92,50,000 (the increased by KRW 6,000,000 due to the reinforcement of outer walls of KRW 85,000,000 due to the reinforcement of the existing construction cost).

(3) Under the instant construction contract, the Plaintiff paid the Defendant KRW 50,000,000 in total, and KRW 50,000,000 on June 23, 2016, and KRW 10,000,000 in total, pursuant to the instant first and second construction contracts. (b) However, the instant construction was suspended due to disputes between the Plaintiff and the Defendant, and the Plaintiff filed a lawsuit of this case by seeking payment of the remainder amount of KRW 50,000,000 less the construction cost for the construction completed by the Defendant from the construction cost paid to the Defendant from September 7, 2016, less the construction cost for the construction completed by the Defendant until the time.

(2) On September 8, 2016, the Plaintiff agreed with the Defendant that “the Defendant shall complete the instant construction work from September 19, 2016 to October 31, 2016,” and the Plaintiff shall pay the total amount of KRW 42,500,000 (the total construction cost of KRW 92,500,000 less the amount of KRW 50,000 already paid to the Defendant)” (hereinafter “the instant additional agreement”).

(3) The Plaintiff and the Defendant.

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