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(영문) 부산지방법원 2019.04.04 2018나5642
공사대금
Text

1. Of the judgment of the court of first instance, KRW 5,00,000 against the Plaintiff and its related thereto from April 20, 2018 to April 4, 2019 against the Defendant.

Reasons

1. The plaintiff alleged by the parties, around August 12, 2017, concluded a contract for the above additional construction work with the defendant for the construction work of the second floor housing located in Busan Dong-gu, Busan (hereinafter "this loan") and completed the construction work, the plaintiff claimed that the defendant is liable to pay the plaintiff the additional construction work cost of KRW 25,000,000,000,000 for the additional construction work, since the defendant had a duty to pay the additional construction cost of KRW 10,000,000 for the additional construction work and the additional construction work of KRW 25,00,000 for the additional construction work cost of KRW 10,000 for the additional construction work cost of KRW 10,000 for the additional construction work and the additional construction work cost of KRW 25,00 for the existing construction cost of KRW 10,000,000 for the additional construction work cost of KRW 25,000 and damages for delay.

As to this, the Defendant asserted that the Plaintiff entered into a contract for the entire remodeling works of the principal debt amount of KRW 30,000,000 with the Plaintiff and did not enter into a contract for the additional works as alleged by the Plaintiff, and that the Plaintiff paid KRW 25,000,000 out of KRW 30,000 for the said additional works, and that the remainder of KRW 5,000 for the Plaintiff did not pay it to the Plaintiff on the grounds of the problems such as delay in waterproof construction, railing construction, and the occurrence of defects in electrical construction.

2. As to whether a contract for additional works has been entered into between the Plaintiff and the Defendant as alleged by the Plaintiff, it is insufficient to recognize that the Plaintiff entered into an additional contract as alleged by the Plaintiff, the evidence alone, and there is no other evidence to acknowledge it (Evidence A 1 of October 10, 2017, and the Plaintiff’s accusation (Evidence A 2 of 2 of 2017 without mentioning about KRW 10,000,000 of the additional construction cost), and the Plaintiff’s total construction cost is stated as KRW 35,00,000,000 without mentioning the Plaintiff’s additional construction cost.

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