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(영문) 인천지방법원 2016.07.20 2015가합2351

공사대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 63,767,000, to the Defendant (Counterclaim Plaintiff).

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On June 21, 2012, the Plaintiff was awarded a subcontract for the construction work for the interim disposal of contaminated substances (the phase two of the attached Table in the process of dredging, taking away, respondings, washing, and heavy metal treatment by using a work vessel equipped with purification capacity; hereinafter referred to as “instant construction work”) among the “business services for purifying contaminated sediments B from the Defendant,” which was ordered by the Korea Marine Environment Management Corporation (including value-added tax) at KRW 715,660,00 (including value-added tax).

hereinafter referred to as 'the subcontract of this case'

B) The details of the construction works to be performed by the Plaintiff as the instant subcontract are as listed below. [Attachment 1] The removal of waste from KRW 15,308,251,248,240,300,000,000 in 15,308,000,000 in 16,379,560 in 15,308,000 in 241,802 in 241,897,016 in 15,308,000 in 15,308,000 in 241,80,802 in 2424,614 in 6,614 in 26,547,684 in 1,598,23,206,50,724 in 156,06,005,724 in 206.

C. Until May 1, 2013, the Plaintiff performed the instant construction work, and the Defendant paid the Plaintiff the payment amount of KRW 487,795,000 (129,965,000 for advance payment of KRW 357,830,00). The notification of the reduction of the subcontract price was known to the Defendant that the reduction of the subcontract price was adjusted as follows with respect to the B-pollution purification project (1 year rent) in which the Defendant is implementing.

- the following-

(a) Grounds and criteria for reduction: Adjustment of reduction due to a design change made by the project owner;

(b) Amount to be reduced: 291,632,00 won;

(c) Method of reduction: Reflection and deduction at the time of completion settlement of subcontract consideration;

(d) Quantity to be reduced: Reduction of 1,917 cubic meters in cubic meters, heavy metal treatment 9,104 cubic meters in cubic meters, six-time reduction in the analysis of marine water storage and the removal of wastes, and reduction in the volume of waste, 1459.42t

D. However, on May 15, 2013, the Defendant reduced the construction cost of KRW 291,632,00 and the construction cost of KRW 424,028,00 as follows.