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(영문) 수원지방법원 안양지원 2018.08.24 2017가합101206

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 3, 2014, the Plaintiff entered into a contract with Defendant A for construction works with the amount of KRW 3,50,000,000 for the construction cost of the kindergarten and the construction cost of the ancillary facilities as KRW 994,60,000 for the new construction of a kindergarten on two parcels, including Osan-si, and KRW 4,494,60,000 for the construction cost of the kindergarten, and the construction cost of the ancillary facilities as KRW 94,60,00 for the construction cost of the new construction work, from December 10, 2014 to September 30, 2015 (the extension to November 30, 2015 thereafter).

(hereinafter “instant contract”). Around January 2016, the Plaintiff and the Defendant concluded a contract for the modification of a contract for construction work with the intent to increase the construction cost of the instant newly-built construction in KRW 338,80,000, and accordingly to change the construction cost to KRW 4,833,400,000.

(hereinafter “instant modified contract”). The Plaintiff completed the instant new construction work around January 2016.

On July 14, 2016, the Plaintiff agreed with Defendant A regarding the payment of the construction cost of the new construction project in this case, as follows:

(2) On October 1, 201, A president and the general construction of the general construction of the general construction of the construction committee of the construction committee in charge of the construction project entered into a contract, and the construction of the general construction committee in charge of the construction of the construction committee in charge of the construction project was directly paid KRW 3.5 billion from the KUUA Bank. On October 15, 2016, the construction of the general construction committee in charge of the construction committee in charge of the construction project entered into a contract with A president and the general construction committee in charge of the construction committee in charge of the construction project in addition to KRW 1,33,40,000 for the design change cost incurred in addition to KRW 1,33,40,000 for the construction project.

5. To follow up the kindergarten building for the public work container:

7. It shall be removed from 18. (Monthly) and the payment of accounts payable under paragraph (4) may be postponed when the violation is committed.

6. The first dispatch from the Bupyeong General Construction Co., Ltd. to the Integrative Bank on July 6, 2016.