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(영문) 부산지방법원 2016.09.02 2015나3027
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Facts of recognition;

A. On November 5, 2012, the Defendant entered into a subcontract with the Plaintiff with the content of subcontracting the construction cost of KRW 12.1 million (including value-added tax) and the construction period from November 3, 2012 to February 28, 2013 (hereinafter “instant contract”).

B. From November 10, 2012 to August 16, 2013, the Plaintiff: (a) executed construction works; (b) on December 10, 2013, after completing construction works, the Plaintiff issued a certificate of content demanding payment of KRW 11 million for additional construction works (excluding value-added tax) as the Defendant’s request for change of construction works.

【Ground for Recognition: Facts without dispute, entry of Gap 1, 2, and 3's evidence, purport of the whole pleadings】

2. The plaintiff asserts that the defendant should pay the above additional construction cost to the plaintiff, since the additional construction work equivalent to KRW 11 million (excluding value added tax) was made at the defendant's request.

As to this, the Defendant asserts that the additional construction as claimed by the Plaintiff cannot be recognized, and the volume of construction has decreased at the Defendant’s request for change, and the Plaintiff only 70% out of the instant construction works, and the remainder was limited to the construction works without performing construction works, and there exists any defect in the completed part of the construction works, and thus, the construction cost cannot

3. Determination

A. According to the appraisal results related to additional construction cost appraisal results of appraiser B and appraiser C of the first instance trial, the inquiry results of the first instance trial and appraiser B of the first instance trial and the first instance trial, and the purport of the whole pleadings, the following facts are revealed.

① According to the result of the appraisal of construction costs in the first instance, the Plaintiff’s design drawings No. 4-1, 23, and hereinafter “Plaintiff’s drawings”) possessed by the Plaintiff for the instant construction works.

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