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(영문) 광주지방법원목포지원 2015.10.07 2015가단487

공사대금

Text

1. The Defendant’s KRW 9,206,90 as well as the Plaintiff’s annual rate of 5% from February 6, 2015 to October 7, 2015, and the next day.

Reasons

1. Basic facts

A. The Defendant: (a) received a supply of and demand for the installation of the main distribution center for the Youngnam Agricultural Products, the Youngbuk National Agricultural Cooperative, the Youngbuk National Agricultural Cooperative; and (b) decided to subcontract to the Plaintiff the reinforced concrete construction and soil construction among them (hereinafter “instant construction”).

B. Therefore, on March 29, 2014, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant during the construction period for the instant construction work from March 29, 2014 to June 25, 2014 (However, from May 30, 2014, hereinafter referred to as “the instant contract”), and entered into a contract with the Defendant to reduce the construction amount and extend the construction period on May 30, 2014, respectively. The details of the contract are as follows.

The existing contract price changes in the existing contract price of reinforced concrete construction works will be predicted.The total amount after the completion contract of KRW 15,996,500 is completed on October 201, 2014: 15,95,996,500,000 won 108,938,500 won 15,400,000 won 13,816,000 won 27,590,000 won 27,525,300 won ,270 won ,270,000 won : < Amended by Presidential Decree No. 25777, Oct. 20, 2014; Presidential Decree No. 25779, Oct. 3, 2014>

In addition, on October 1, 2014, the plaintiff and the defendant entered into an additional construction contract with construction cost of KRW 6,710,000, and the plaintiff completed all of the above construction works on November 30, 2014.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including satisfy numbers), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The contract price under the contract of this case was finally agreed upon as KRW 155,96,500, and the contract was concluded between the plaintiff and the defendant for an additional construction contract equivalent to KRW 6,710,000, and the fact that the plaintiff performed the construction work is as seen earlier.

However, the Plaintiff did not complete the construction work equivalent to KRW 7,970,650 among the construction works stipulated in the said contract, and ② out of the construction work price from the Defendant.