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(영문) 인천지방법원 2018.01.23 2016가합864

공사대금

Text

1. The Defendant’s KRW 140,075,139, and the annual rate of KRW 5% from September 16, 2015 to January 23, 2018, as well as the Plaintiff.

Reasons

1. Basic facts

A. A decided to construct a D hotel on the ground B and C of Incheon Jung-gu (hereinafter “instant building”) and entered into a contract on the new construction of the instant building with the Defendant.

B. On January 19, 2015, the Defendant entered into a subcontract with the Plaintiff with respect to construction period of civil engineering and reinforced concrete construction (hereinafter “instant civil engineering and reinforced concrete construction”) among the new construction works of the instant building, with respect to construction works of the instant building, the construction period of which is from January 20, 2015 to May 31, 2015, and the construction cost of which is KRW 770,000,000 (including value-added tax) and the rate of liquidated damages is 2/1,000 per day (hereinafter “instant civil engineering and reinforced concrete construction contract”), and on May 13, 2015, the construction period of the instant new construction works of the instant building (hereinafter “new construction works of the instant building”) with respect to the construction work of the instant building from January 20, 205 to June 30, 2015 to KRW 16,50,000 (including value-added tax) and KRW 10,010 (hereinafter “instant subcontract”).

(2) The construction of each of the instant construction contracts, including the instant civil works and reinforced concrete construction works, shall be construed as “each of the instant construction works,” and the subcontract for this purpose shall be construed as “each of the instant construction contracts.”

The Plaintiff received a request from the Defendant for the supply of ready-mixed materials at the site of “Eel Remodelling Project” in progress by the Defendant, and passed March 30, 2015.

4. Around 30. A total of KRW 9,863,139 (including value-added tax; hereinafter referred to as “instant ready-mixed material cost”) supplied ready-mixed (hereinafter referred to as “instant ready-mixed”). D.

On June 10, 2015, the Defendant requested the Plaintiff to perform modified works with respect to the instant civil engineering and reinforced concrete construction, as indicated below, and on June 22, 2015, the following modified works:

(hereinafter “Request for the instant modified execution”). Change 1

1. The establishment of two guest rooms in the five-story special room at the request of the owner of the building shall be carried out, and the relocation and performance thereof shall be carried out accordingly;