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(영문) 창원지방법원 2019.05.30 2017가단6248

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 82,891,549 to the Defendant (Counterclaim Plaintiff) and its amount from May 16, 2019 to May 30, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On October 18, 2016, the Plaintiff entered into the first contract for construction works with the Defendant.

The name of a construction project: The construction site for the new construction project at the time of Kimhae-si: the date of completion on October 18, 2016: the contract amount on January 21, 2017: 485,000,000 won (1) / the supply amount of KRW 485,00,000, and 2) Additional tax separate from the contract amount): 3% beginning payment: 100,000 won: 10,000,000 won for the commencement of the construction project; and the portion completed by D issuance of a letter of advance payment guarantee after confirming the construction volume based on the contract details: The payment rate for delay shall be 3% of the contract amount: The payment rate for delay shall be 2/100,00 of the contract amount per day after delivery: 2/1000 special agreement

1. This contract does not contain any change in the contract amount for increase or decrease in quantity by contract for the internship bidding method.

(A) The plaintiff shall execute the construction in a lump sum in accordance with the design drawings, and may not request the defendant to pay the additional cost for the volume errors and omission of the work type in estimate. 2. The plaintiff, the defendant, before executing construction of the work type, interior finishing materials, and other materials, shall be constructed as such after consultation with the defendant.

B. On February 21, 2017, the Plaintiff entered into the first revised contract with the Defendant as follows.

Original construction hours: 10% of the contract bond from October 18, 2016 to January 21, 2017: the changed construction period: October 18, 2016 to March 3, 2017:

C. Around March 2017, the Plaintiff entered into the second amendment contract with the Defendant to increase the construction cost to KRW 15 million under the pretext of settling down the volume of reinforced concrete construction with the Defendant (excluding value-added tax) and then changed the construction cost to KRW 500 million (excluding value-added tax).

(including the above modified contract, “the instant construction contract”). D.

On April 14, 2017, the Plaintiff completed the new construction work on the third floor detached housing and the second-class neighborhood living facilities (hereinafter “instant building”) in accordance with the instant construction contract.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, and 6, Eul evidence 6, 7, and 8.