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(영문) 전주지방법원 2018.06.08 2017나3041
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows, and the reasoning for the court’s explanation is as stated in the reasoning of the judgment of the first instance except for partial revision or additional determination as to the Plaintiff’s assertion in the trial under Paragraph 2. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

On August 4, 2014, No. 2 of the first instance judgment, “A construction cost adjustment of KRW 41,00,000” was followed by “A construction cost adjustment of KRW 41,00,00” in column 17 of the second instance judgment.

2. The Plaintiff asserts that the Plaintiff agreed to pay the said additional construction cost, in addition to the details of the written estimate for construction of the instant housing (A) and the removal of the entire columns and walls, and the replacement of iron plates, etc., and that the Defendant agreed to pay the said additional construction cost.

In the event that a contract for construction works was entered into with the total construction cost fixed, the contractor is not obligated to pay the contractor the amount exceeding the original construction cost as the construction cost, unless there are special circumstances, and if the contractor is obligated to pay the additional construction cost according to the agreement on the additional construction, only there is room

(See Supreme Court Decision 2005Da63870 Decided April 27, 2006). In order to recognize a contractor’s claim for additional construction costs, there should be a separate agreement on the implementation of additional construction works and the payment of additional construction costs according to the said agreement. However, the agreement on additional construction works can be impliedly and impliedly agreed, and whether there was an implied agreement can be acknowledged by comprehensively taking into account all the circumstances, such as the description of the statement, the developments leading up to and details of the additional construction works.

In light of the above legal principles, the evidence alone presented by the Plaintiff was agreed with the Plaintiff to pay the additional construction cost for the additional construction works asserted by the Plaintiff.

(b).

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