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(영문) 광주지방법원순천지원 2017.07.20 2016가단13202

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 45,00,000 and 5% per annum from September 1, 2016 to July 20, 2017.

Reasons

1. Basic facts

A. On March 18, 2016, SPA Co., Ltd. (hereinafter “SSA”) contracted the instant construction work at “D” operated by the Defendants (hereinafter “the instant construction work”). Around March 18, 2016, ESA contracted the construction work at KRW 252 million (Additional Tax).

B. On March 23, 2016, the Plaintiff concluded a contract with the Defendants for construction work of KRW 135 million (excluding surtax) and the construction period from March 22, 2016 to July 30, 2016, and received full payment of the said construction cost.

C. In the process of carrying out the instant construction, the Plaintiff implemented the additional production and installation works, as ordered by Defendant C, the main modification of container rail, signal, etc. Braet, camera, Kamere Downn additional production, royalty Braet, Inc., modified Slocon Ba, installed, Wedge production (hereinafter “the primary additional construction”) and the secondary additional production and installation works, which are container Crash, and the secondary additional installation and installation works, and TIE DDDD HNHGGGE REE RELEN, and the prevention (hereinafter “the secondary additional construction”), and completed the instant additional construction by August 30, 2016, including the first and second additional construction works.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-7, Gap evidence 6-6, witness F's testimony, fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. Determination on additional construction costs

A. 1) The Plaintiff’s assertion 1) guaranteed the construction cost of at least KRW 45 million with respect to the primary construction work, and paid the Plaintiff the full amount of the additional construction cost that is recognized as D from ASEAN as additional construction cost, and the secondary construction cost was paid separately to the Plaintiff. Therefore, the Defendants are obligated to pay the Plaintiff the total amount of the additional construction cost of KRW 63,613,00 (within the scope of KRW 60,117,740, the amount of the additional construction cost recognized by ASEAN (within the scope of KRW 60,117,740, the amount of the primary construction cost of KRW 59,400,00 for the secondary construction cost of KRW 2,00).