logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.12 2012가합94693
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 7, 2012, the Plaintiff received contracts from the Defendant for the instant construction (the name of construction: the substantial repair and construction period of building B: From May 7, 2012 to July 30, 2012; the contract amount: KRW 704,00,000; and the liquidated damages: 0.3% of the contract amount per day per delay per day).

The plaintiff continued construction, and the approval for use of the building on October 4, 2012 was made.

On the other hand, the defendant ordered the plaintiff to pay a total of KRW 646,000,000.

[Ground of recognition] Facts without dispute, Gap 1, Eul 2, 3, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination of the unpaid construction cost, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 58,000,000 ( KRW 704,000,000).

B. The Plaintiff asserts that the additional construction cost was KRW 101,40,000, while the construction work was in progress, and the additional construction cost was KRW 101,40,000.

First, in full view of the content of Article 19 of the contract, the result of appraisal by an appraiser C, and the purport of the entire pleadings, the fact that there was an additional construction due to a change in the design equivalent to KRW 21,748,725 (see the second supplementary report on the calculation of an appraiser) can be acknowledged.

Furthermore, considering the results of appraisal by appraiser C, the scope of construction work seems somewhat ambiguous because drawings, etc., which form the basis of contract at the time of entering into a contract for work, have not been faithfully prepared.

The scope of the corporation is not clearly specified, and the plaintiff's responsibility as a specialist is greater than that of the corporation.

The data presented by the Plaintiff alone cannot be deemed as having the nature of an additional construction.

Therefore, the defendant is obligated to pay to the plaintiff KRW 21,748,725 of the additional construction cost.

C. The result of the appraiser C’s appraisal equivalent to the defect repair cost in the judgment on the Defendant’s allegation of offset.

arrow