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(영문) 청주지방법원제천지원 2016.08.18 2015가단3842
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2014, the Defendant obtained permission (i.e., changing the form and quality of land) for the purpose of creating excellent farmland with respect to 3,731 square meters of land in Gyeyang-gun C (hereinafter “instant land”).

B. On September 2015, the Plaintiff’s agent D was awarded a contract with the Defendant’s agent for 20,000,000 won for the instant land on the ground that the Defendant laid up the instant land at a height of 2 meters above the existing tin axis (hereinafter “instant banking work”).

(hereinafter referred to as the “Contract for the Filling Work in this case”).

On September 14, 2015, the Defendant paid KRW 5,000,000 to the Plaintiff out of the price for the fill-up construction of the instant case. The Plaintiff, from the difficulty of doing so to the 19th day of the same month, brought in a sand of 24 tons of truck to the 261st day of the same month, and performed the fill-up construction of the instant case.

The Plaintiff suspended the instant banking work from September 20, 2015.

E. On September 25, 2015, the Defendant paid KRW 10,000,00 to the Plaintiff as part of the price for the instant banking work. On October 3, 2015, the Plaintiff continued to perform the instant banking work by bringing 24 tons of truck into the Republic of Korea additionally from October 3, 2015 to October 12, 2015, where it is difficult to resume the instant banking work.

F. On November 12, 2015, the Defendant paid the Plaintiff KRW 5,000,000 as part of the price for the instant banking work.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 (including each number; hereinafter the same shall apply), Eul evidence 1 to 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. Around September 19, 2015, the Plaintiff’s agent, as the cause of the Plaintiff’s claim, entered into a modified contract with the Defendant’s agent E to “4m” from “2m to “4m”, and “20,000,000 won” to “60,000 won by multiplying the cost of construction by the number of dump trucks for 24 tons by the unit price for bringing into the market for dump trucks.”

Accordingly, the Plaintiff’s instant case until October 12, 2015.

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