beta
(영문) 서울남부지방법원 2014.07.25 2013가합107349

손해배상(기)

Text

1. The Plaintiff:

A. As to KRW 104,92,180 and KRW 100,885,180 among them, Defendant Appointed C shall be from September 6, 2013 to July 6, 2014.

Reasons

1. Basic facts

A. The Plaintiff (former: F Co., Ltd.) is the Plaintiff (former: F) of reinforced concrete construction contract on October 15, 2012, which is the freezing and freezing food Co., Ltd. (hereinafter “F”)

(B) Of the construction work for cooking, freezing and food plant construction located in Pakistan, G Representative H (hereinafter “G”) is limited to the construction work cost of KRW 237,000,000 (excluding value-added tax).

(A) On March 29, 2013, the following provisions were stipulated in a special agreement, with the agreement to increase the construction amount of KRW 302,00,000 (value-added tax separately) as a result of a design change between G and G, as a result of the design change.

Special Agreement

(b) agree that, in addition to KRW 302,00,000 of the changed construction amount ( KRW 302,00,000), the construction will be included in the total contract amount and will not claim the additional construction amount, without any change, even if there has been an additional increase

(c) no claim shall be made to the Fund in the process of carrying out construction works with respect to labor costs and other (in addition to material costs), and agree to accept all civil and criminal responsibilities and compensation as well as any measures arising therefrom without objection.

2) Thereafter, on May 1, 2013, G has completed its construction business registration in the name of the Defendant Appointed C (I April 30, 2013);

hereinafter referred to as “I” only

On May 3, 2013, the Plaintiff, G, and I agreed to change the subcontractor of the said reinforced concrete construction work from G to I, and stipulated the following matters as a special agreement.

Special Agreement

(c) “B” and “B” (G) receive the payment of the down payment and the payment for completed portion from “A” (Plaintiffs) of KRW 237,000,000 (237,000,000), and agree that “B” and “I” shall be the construction amount of the above contract modification agreement without modification even if any additional increase or decrease has occurred in addition to the remainder of KRW 65,000,000 (65,000,000), and shall not claim the additional construction amount.