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(영문) 수원지방법원안양지원 2017.07.21 2015가합100872

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) Company B is KRW 173,410,733, and Defendant C is KRW 23,124,52.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the construction business, etc., and the Defendants are corporations that run cosmetics, non-Nun manufacturing and wholesale and retail business.

B. On March 20, 2014, the Plaintiff: (a) concluded a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”); (b) on March 30, 2014, with respect to the construction of the new construction of the instant factory complex (hereinafter “instant factory complex construction”) from March 30, 2014 to July 19, 2014; (c) the construction cost of KRW 611,600,000 (including value-added tax); and (d) the liquidated damages rate of KRW 1/1,000; and (b) on April 9, 2014, the Plaintiff received construction period from Defendant C Co., Ltd. (hereinafter “Defendant C”) for the new construction of the instant two-ground site construction project (hereinafter “instant construction project”) from April 9, 2014 to August 8, 2014; and (d) received compensation for delay including the construction cost of KRW 100,010,000 (excluding value-added tax).

(hereinafter referred to as "each of the instant works" in this section).

On August 27, 2014, the Plaintiff entered into a contract with B to change the construction cost to KRW 651,750,000 as a result of the change of the construction work of the instant factory, and with C, to change the construction cost to KRW 684,750,00 as a result of the change of the construction work of the instant factory.

(hereinafter “each of the instant changes contract”)

D. As to the instant factory operation project, the completion inspection was completed around January 7, 2015, and with respect to the instant administrative building project, the pre-construction was suspended, and the period of the construction up to the time of suspension is 85.62%.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts as seen earlier prior to the occurrence of the obligation to pay the construction cost under each of the instant changes, the Plaintiff changed the details of the construction work with the Defendants on August 27, 2014, and the construction cost of the instant factory operation amounting to KRW 651,750,00,000.