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(영문) 대전지방법원 서산지원 2018.11.15 2016가합50732

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. On January 21, 2014, Taean-gun concluded a contract with the Defendant for construction work (hereinafter “instant construction work”) at KRW 3,318,450,290, and the deadline for completion of construction on July 25, 2015.

B. On January 25, 2014, the Defendant: (a) subcontracted to the Plaintiff the entire construction work of this case by setting the construction cost of KRW 2.294 million (excluding value-added tax); and (b) the deadline for completion as set forth in the contract between Taean-gun and the Defendant; and (c) agreed to settle the subcontract price between the Defendant and the Plaintiff by reflecting 90% of the changed amount in cases where there is an increase or decrease in the construction cost between Taean-gun and the Defendant as a result of the modification of the design, i.e., additional tax, insurance premium

(hereinafter referred to as the “instant subcontract”) between the Defendant and the Plaintiff.

On the other hand, the Plaintiff, on September 1, 2014, re-subcontracted the construction cost of the instant construction to B with the period of completion stipulated in the contract between Taean-gun and the Defendant, setting that the construction cost shall be KRW 1.8 billion, and the period of completion shall follow the period of completion stipulated in the contract between Taean-gun and the Defendant. If there is an increase or decrease in the construction cost between Taean-gun and the Defendant due to the modification of design, the Plaintiff agreed to settle the re-subcontract price between the Plaintiff and B by reflecting

(hereinafter referred to as “instant sub-subcontract”) between the Plaintiff and B.

After that, on May 25, 2016, the Defendant and Taean-gun entered into a contract for each of the following changes on May 25, 2016: (a) the contract amount of the instant construction project at KRW 4,418,817,00; and (b) the completion date on May 15, 2016.

(hereinafter referred to as “instant contract,” in total, between Taean-gun and the Defendant. (e)

The instant construction was completed on May 2016 by the Corporation.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, 11, and Eul evidence 5 (including each number; hereinafter the same shall apply).