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(영문) 광주지방법원목포지원 2013.11.29 2012가합155

공사대금

Text

1. The Defendant’s KRW 270,231,778 as well as its annual 6% from July 20, 2013 to November 29, 2013 as to the Plaintiff.

Reasons

1. Basic facts

A. The parties to the contract and the conclusion of the contract (i) the Defendant ordered construction of a traditional Korean-style accommodation complex development project in the Hannam-si, Youngnam-si, Samnam-si, 292, and supply and demand the above construction work jointly from the Defendant around April 1, 2010, in the case of the Construction Company for Purpose Integrated Construction (hereinafter referred to as the “Commercial Construction”) and the Construction Company for Primary Construction Co., Ltd. (hereinafter referred to as “original Construction”).

B. On March 29, 2011, the Plaintiff supplied sewage of KRW 295,900,000 to the part of the civil works among the above construction works (hereinafter “instant construction works”) from the Construction of Purpose and Primary Construction.

(hereinafter “instant subcontract”). (b)

(1) The Defendant initially designed to construct the appearance of the accommodation complex as blasting stone, and the Plaintiff started the instant construction work in accordance with the said design.

Sheb, however, the defendant tried to modify the design to improve the early childhood in preparation for the traditional wedding ceremony of multicultural families, which is scheduled to be held in the first place of the above accommodation complex, and the defendant's field supervisor A instructed the plaintiff to change the construction work such as installing natural stone in lieu of blasting stone and extending the installation section, and requested the plaintiff to calculate the construction cost with a normal design cost.

Article 22(1) of the Civil Procedure Act (hereinafter “instant modification work”) provides that “The Plaintiff shall perform the construction work in accordance with the revised plan (hereinafter “instant modification work”) and completed the work on September 30, 201.”

C. Around March 2011, the relationship between the payment of the construction cost and the additional construction cost (i) and the original construction cost (i.e., the original construction) made a direct statement with the Plaintiff that “the Defendant agrees to the payment of the subcontract price to the Plaintiff directly,” and submitted it to the Defendant. The Defendant paid the Plaintiff KRW 295,90,000 on the instant subcontract price.

Shelled construction on the other hand.