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(영문) 서울중앙지방법원 2019.09.18 2017가합36777

공사대금

Text

1. The Defendant: (a) KRW 149,319,642 to the Plaintiff and KRW 6% per annum from August 17, 2019 to September 18, 2019; and (b).

Reasons

1. Basic facts

A. On April 14, 2017, the Plaintiff entered into a construction contract with the Defendant and Jung-gu Seoul Metropolitan Government C Corporation (hereinafter “instant construction contract”) with respect to the construction work cost of KRW 462,00,000 (including value-added tax) and the construction period from April 25, 2017 to June 14, 2017, under a special agreement, with each of the following terms: “within and outside signboards, encloseds, and structural reinforcement expenses” (hereinafter “instant contract”).

B. On May 8, 2017, the Plaintiff concluded a modified contract with the Defendant to increase the construction cost of KRW 520,300,00 (including value-added tax) as to the instant contract, to the period from May 8, 2017 to July 6, 2017, to which the structural reinforcement construction was to be paid separately, to which the construction cost was to be included in the terms of the contract, to which the structural reinforcement construction was to be paid separately, to which the alteration was to be made, to which the structural reinforcement construction was to be changed from the water-proof heating to the water-proof heating to the water-proof heating, and to which the inside and outside of the existing floor would be separate from the existing signboards. 2) Won, the Defendant thereafter extended the construction period of the instant contract by July 16, 2017.

C. On July 15, 2017, the Plaintiff completed the instant construction work and the instant additional construction work, and on August 2017, the instant construction work was also completed in accordance with the Defendant’s instruction.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) received the Defendant’s order during the process of performing the instant construction, and the Defendant agreed to settle the additional construction cost in lump sum after completion of the instant construction work. Since the Plaintiff’s additional construction cost was KRW 189,105,073, the Defendant is obligated to pay the Plaintiff KRW 189,105,073 for the said additional construction cost. (2) The Defendant is obligated to pay the Plaintiff the said additional construction cost.