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(영문) 인천지방법원 2020.01.14 2018가단255708

공사대금

Text

1. The Defendant’s KRW 13,770,00 for the Plaintiff and KRW 5% per annum from November 9, 2018 to January 14, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. On October 30, 2017, the Defendant (subcontract) entered into a subcontract with C Co., Ltd. (hereinafter “C”) and D-related facility construction works, with respect to a pelto and appurtenant works.

On March 28, 2018, the Defendant and C changed the construction cost from KRW 1,588,250,000 (including value added tax) to KRW 1,581,250,000.

B. On December 14, 2017, the Plaintiff is in C and A.

The contractor C, subcontractor, Plaintiff, construction period from December 15, 2017 to April 15, 2018, and the construction cost of KRW 924,00,000 (=value-added tax of KRW 840,00,000) was entered into a subcontract with respect to reinforced concrete construction among the construction works described in paragraph (1) (hereinafter “instant construction works”).

C. On December 14, 2017, the Plaintiff and the Defendant: (a) as to the instant construction work, the Defendant was the contractor and the Plaintiff as the subcontractor; and (b) written subcontract agreement was prepared in the same manner as the contract between the Plaintiff and C.

Details of special agreements among construction contracts shall be as follows:

Paragraph 8 includes all construction costs included in the drawings and specifications within the above scope of construction even if the construction costs to be submitted by the Plaintiff are not included in or different from specifications.

Paragraph 9, even if the items or drawings omitted in the plaintiff's construction specifications and drawings are not specified, the Corporation shall perform construction works for minor changes or structural parts at the plaintiff's expense.

Where there is no change in the design under paragraph 14, the volume shall be increased, and there shall be no increase in the construction cost.

Provided, That if there is a change in the design between the project owner and the drawing, it shall be settled in the quantity of the execution, and the unit price shall be the unit price of the contract, but the increase or decrease in the quantity shall not be considered.

16. Paragraph 12 of this Agreement shall be executed in a total sum so as to avoid any problem of function including when there are matters indicated in the design drawings, even if the contract is omitted or insufficient in the specifications of the contract.

The plaintiff from December 20, 2017.