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(영문) 창원지방법원 2018.02.06 2015나37171
공사대금
Text

1. The plaintiff's appeal as to the principal lawsuit and the plaintiff's successor's appeal as to each appeal and counterclaim respectively.

Reasons

1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined

A. The Plaintiff and the Plaintiff’s Intervenor asserted that the Plaintiff and the Defendant agreed to set the cost of interior works at KRW 40 million in the time of the instant construction contract, and subsequently agreed to determine the cost of interior works in accordance with the details of the interior works. After which, reflecting the Defendant’s request, etc., the Plaintiff performed all interior and extra construction works, including interior works. According to the specifications of the nature (A), the Plaintiff promised to pay the Plaintiff total cost of KRW 69.72 million in the cost of interior works at KRW 40.93 billion in the cost of interior works at KRW 2879 million in the total cost of the said construction works, and the Defendant also agreed to pay the Plaintiff total cost of the said construction works at KRW 40 million in the cost of the said total cost. As such, the Defendant merely received KRW 29.2 million in the aggregate of the cost of interior works at KRW 9.3 million in the cost of the remainder of the construction works at KRW 93 million in the cost of interior works at KRW 28.97 million in the Plaintiff and the Defendant’s claim for delay damages.

However, after the completion of the instant construction project, the Plaintiff unilaterally shown a detailed statement of the origin that the Defendant unilaterally prepared and demanded to pay the total construction cost of KRW 69.72 million.

Accordingly, the defendant did not refuse to make a problem any longer and paid 40 million won to the plaintiff by adding 10 million won to the amount of 30 million won which was originally agreed upon by the defendant.

Therefore, there is no other construction cost that the defendant should pay to the plaintiff.

3 The remainder 930,00 won of the indoor construction cost shall be considered first.

Even based on the plaintiff's assertion, the plaintiff and the defendant raise objection.

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