Atlas Legal secured a KRW 53.3 million victory in an additional construction payment lawsuit involving excavation work at a construction site in Incheon.
Case Overview
Our client was a subcontractor who performed excavation and temporary facility work at a building construction site in Incheon. The excavation depth, originally contracted at 4 meters, was increased to 10.32 meters and then to 13.5 meters due to design changes. When the project owner refused to pay for the additional work, litigation became necessary.
Proving Legal Validity of Oral Contracts
The key issue was whether the orally agreed additional work could be legally recognized. Our legal team successfully proved the existence and content of the oral contract through witness examinations and handwriting analysis of the standard construction subcontract, based on the principle that construction contracts under Korean Civil Law do not require written form.
Court Appraisal for Payment Calculation
Court appraisal confirmed that excavation was performed to 13.5 meters, exceeding the 10.32 meters specified in the amended contract. The appraisal calculated additional construction costs of approximately KRW 77.98 million, with the final judgment amount determined after deducting prior payments and refunds.
Joint Liability of Contractor and Building Owner
The court recognized joint liability based on the contractor’s direct involvement in work instructions and partial payment, combined with the building owner being designated as the principal in the amended contract. This significantly enhanced our client’s ability to recover the debt.
Favorable Judgment
The Incheon District Court ordered the defendants to jointly pay approximately KRW 53.3 million plus delay damages to our client. This represents a significant victory where the full additional construction payment claim based on an oral contract was recognized.
Atlas Legal’s Expertise
Atlas Legal has extensive experience in construction payment disputes, contract disputes, and real estate litigation. We protect our clients’ rights through thorough evidence analysis and systematic litigation strategies.