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(영문) 서울중앙지방법원 2017.08.09 2015가합558594

공사대금

Text

1. The Defendant’s KRW 70,426,731 to Plaintiff SP Co., Ltd., and KRW 67,64,89 to Plaintiff SPP Co., Ltd. and KRW 67,64,899.

Reasons

1. Basic facts

A. 1) The Plaintiffs entered into a construction contract between the Plaintiffs and the Defendant, and the Plaintiffs are Plaintiff EM Forestry Co., Ltd. (hereinafter “Plaintiff EM”).

) 51% per cent and Plaintiff Shoto Co., Ltd. (hereinafter referred to as “Plaintiff Shoto”).

(2) On October 1, 2013, the Plaintiffs concluded the construction contract (hereinafter “the construction contract in this case”) with the Defendant on October 10, 2013 with respect to the construction work for creating a park for the closed line site (hereinafter “instant construction work”), on August 9, 2014 (304 days from the commencement date), on January 9, 2015 (457 days from the commencement date), the total completion date of the first construction work, on January 9, 2015 (457 days from the commencement date), on the construction cost of the first construction work amount of KRW 4,970,000,000, total construction amount of KRW 5,946,142,000 (hereinafter “the construction contract in this case”).

3) General conditions of the instant construction contract (hereinafter “instant general conditions”)

The main contents of the attached Form shall be as follows.

1. Terms and conditions of the construction contract shall be entered;

B. After the amendment of the instant construction contract and the completion of the instant construction project, the Plaintiffs and the Defendant concluded a modified contract on the instant construction contract on four occasions in total, as follows, and the Plaintiffs completed the instant construction project on May 15, 2015.

1) On December 26, 2013, the Plaintiffs and the Defendant concluded a modified contract under which the date of completion of the instant first water contract was extended as of December 9, 2014 on the ground of the extension of air following the creation of planting time, and the total completion date was as of January 9, 2015, reflecting the design modification amount of KRW 181,280,000, and the total completion date was KRW 6,127,422,00,000, and the amount of the first water contract was KRW 5,808,00,000 (hereinafter “the instant first modified contract”).

(2) The Plaintiffs and the Defendant respectively, on August 27, 2014, on the grounds of the extension of the time limit due to the necessity of spring planting, December 20, 2014 and May 15, 2015, respectively. < Amended by Presidential Decree No. 25817, Dec. 20, 2014>