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(영문) 부산지방법원 2019.07.04 2018나58929

공사대금

Text

1. Of the judgment of the court of first instance, KRW 12,895,400 against the Plaintiff and its related thereto from February 8, 2018 to July 4, 2019 against the Defendant.

Reasons

1. Basic facts

A. The plaintiff is a corporation that operates indoor construction business, etc. in Busan Dong-gu C, and the defendant is a corporation that operates construction business, etc. in Yangsan-si D.

B. On October 17, 2014, the Defendant and E Co., Ltd. (hereinafter “E”) entered into a contract with F Co., Ltd. (hereinafter “F”) on setting the construction cost as KRW 12,864,39,000 with respect to the construction of Gtel (hereinafter “Gtel or officetel construction”) and the construction cost as KRW 12,864,39,000. On September 8, 2015, the Defendant and E Co., Ltd entered into a modified contract with H, I, and J as joint contractor with respect to electrical construction, telecommunication, and fire fighting construction among officetels construction works.

C. On February 29, 2016, Defendant and E entered into a contract with the Plaintiff, among officetels construction works, to set the construction cost as KRW 841,647,400 with respect to the construction cost as KRW 841,647,400, and entered into a modified contract on May 15, 2016 with the effect that the construction cost shall be reduced to KRW 540,706,650, and the construction cost shall be reduced to KRW 99,00,000.

Defendant and E paid to the Plaintiff KRW 540,706,650 (=540,706,650,650) out of the total construction cost of light-scale molding construction work, KRW 540,706,650, and completed the registration of transfer of ownership in the name of Plaintiff on May 11, 2017 as payment in lieu of the remainder of construction cost.

E. On August 24, 2016, the Plaintiff and the Defendant determined the estimated amount of KRW 14,364,00 for MM works, as KRW 1,55,00 for N works on April 6, 2017, the estimated amount of KRW 2,111,20 for O works on April 14, 2017, and the estimated amount of KRW 6,329,00 for P works on April 24, 2017, the estimated amount of KRW 6,329,50 for N Works, and the estimated amount of KRW 735,50 for N Works for N Works on May 29, 2017, shall be determined as KRW 5,229,00 for Q works on May 29, 200 for Q works. < Amended by Act No. 14835, May 29, 201>