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(영문) 대전고등법원(청주) 2014.11.11 2013나1748

공사대금

Text

1. Of the judgment of the court of first instance, 84,142,397 won against the Defendant (Counterclaim Defendant) and its related thereto. < Amended by Act No. 11135, Dec. 2, 2011>

Reasons

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

1. Basic facts

A. 1) The Defendant: (a) the process leading up to the conclusion of the instant contract between the Plaintiff and the Defendant; and (b) the Defendant: (c) U.S. 2-1 (hereinafter “instant land”).

(B) to construct a new factory on the ground and to establish a comprehensive architect office B (hereinafter “B”).

(B) The design drawing was completed on March 2009 (hereinafter referred to as “the primary design drawing”).

(2) On March 18, 2009, the Defendant obtained a construction permit from the Chungcheong Market to construct four factories on the instant land (hereinafter referred to as “instant factory”). On or around April 2009, the Defendant received an estimate based on the primary design drawings for the instant factory construction from five companies, including the Plaintiff and the White Comprehensive Construction Co., Ltd. (hereinafter referred to as “White Construction”).

3) B drafted, around May 2009, the first design drawings amended (hereinafter “the second design drawings”).

(4) On February 1, 2010, the Plaintiff submitted a written estimate to the Defendant to increase the thickness of the external panel from 50T to 100T, to reduce the number of external windows and the size of external windows. Meanwhile, around May 2009, the Plaintiff received a written estimate to increase the amount of installation work in KRW 74,245,00 according to the secondary design drawings, and to reduce the amount of installation work in KRW 20,370,000 from the Defendant (hereinafter “instant construction”). On February 1, 2010, the construction cost of the instant factory construction work (hereinafter “instant construction”) from the Defendant was KRW 1.65 billion, and KRW 350,000,000 (excluding value-added tax and the time of construction work payment, KRW 300,000,000,000 after the completion of the civil engineering work, KRW 300,000,010 through June 1, 2010.

(hereinafter “instant contract”). (5) Article 22 of the General Conditions for the Contract for Private Construction Works attached to the instant contract (hereinafter “instant contract”).