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(영문) 창원지방법원거창지원 2015.10.08 2014가합361

공사대금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from August 24, 2012 to July 21, 2014, as well as KRW 292,323,080.

Reasons

1. Basic facts

A. The Plaintiff is the merchant engaged in the electrical construction business, etc. under the trade name of “D,” and the Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the company engaged in the tourist hotel business, etc.

B. (1) On January 11, 2012, Defendant Company E (hereinafter “Nonindicted Company”) and the non-party Company E (hereinafter “Nonindicted Company”) share part of the extension and remodeling works of the F Hotel owned by the Defendant Company, as from January 13, 2012, for the construction cost of the non-party Company 3,300,000,000, and for the construction period from January 13, 2012

5. When concluding a contract for construction with the end of 10.0, the final construction cost was agreed to settle after the completion of the construction.

(2) The extension and remodeling work of F Hotel was divided into parts directly performed by the Defendant Company in addition to the portion performed by the Nonparty Company pursuant to the construction contract under the above Paragraph (1) of the same Article (hereinafter “instant extension work”). The Defendant Company and the Nonparty Company agreed to increase the construction cost of the instant extension work when changing the design of the construction work around February 2012.

(3) On February 15, 2012, in order to obtain a loan from the bank, the Defendant Company prepared the “matters of special agreement (Evidence A)” with the Nonparty Company stating that “The total construction cost of the instant extension works shall be determined as KRW 6,919,00,000,00, including value added tax,” and the said KRW 6,919,00,000 shall be temporary, and the construction cost of the instant extension works shall be included not only in increased construction cost but also in the direct management cost of the instant case. The final construction cost as described in Paragraph (1) above was completed, and thereafter, the Defendant Company and the Nonparty Company agreed to settle it again.

Article 3 of the above "Matters of special agreement" provides that "the defendant company and the non-party company shall request the estimation of construction cost within 15 days after completion of the construction work, which shall be increased.