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(영문) 부산지방법원동부지원 2016.10.12 2015가단22399
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. The defendant is a corporation established for the purpose of establishing and operating a sanatorium for older persons.

B. On July 11, 2013, the Defendant entered into a contract with C Co., Ltd. (hereinafter “Nonindicted Company”) to extend the Medical Care Center (hereinafter “instant extension project”).

The construction period is from August 1, 2013 to December 20, 2013, and the construction amount is KRW 315,822,520 (including surtax).

[Ground of recognition] Unsatisfy, entry of Eul evidence 1

2. The parties' assertion

A. Plaintiff 1) served as the site director of the extended construction that the non-party company received and supervised the said construction. 2) The Defendant requested the non-party company to undertake the remodeling construction of the existing building (hereinafter “the instant remodeling construction”) located next to the building subject to the extended construction as well as the original extension construction of the instant extension construction.

However, the non-party company renounced remodeling construction due to the non-party company's failure to receive the price of ready-mixed used for the instant extension construction, design modification drawings and failure to complete construction. On February 2014, the defendant made a verbal request to the plaintiff for remodeling construction for the existing building.

3) The Plaintiff, according to the oral contract with the Defendant, performed remodeling construction from March 1, 2014 to June 15, 2014, and the price for remodeling was reached KRW 87,934,392. (B) The Plaintiff, under the name of the Defendant and the Nonparty Company, subcontracted the instant extension construction to the Nonparty Company in a lump sum with the Defendant and the Nonparty Company.

2) The Plaintiff, while carrying out the instant extension project, failed to cost much when it takes place with the extension project. As such, the completion of the extension project, which led to the completion of the extension project, would have to proceed with the instant remodeling project as a service (free of charge). 3) The Plaintiff did not properly proceed with the instant remodeling project as well as the instant remodeling project, and completed the instant remodeling project with a separate charge.

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