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(영문) 인천지방법원 2019.03.19 2017가단19837

공사대금

Text

1. The Defendant’s KRW 53,263,840 as well as 6% per annum from June 21, 2017 to March 19, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in construction business under the trade name of Yeonsu-gu Incheon Metropolitan City C.

B. On June 28, 2016, the Plaintiff and the Defendant related to the construction cost of the construction contract for the Defendant to the contractor, the Plaintiff, the contractor, the Incheon Seo-gu and the construction site, and the construction cost for the two new factories (one new construction by each lot number), the Plaintiff’s entries in the complaint and the Defendant’s entries in the preparatory documents dated 21, 2017 are different, and thus, they are not specified in the basic facts of the judgment. However, in the preparatory documents submitted by the Plaintiff after the Defendant’s delivery to the Plaintiff, they do not dispute the amount stated in the above preparatory documents of the Defendant.

(hereinafter referred to as the “instant contract”).

C. Meanwhile, the Plaintiff and the Defendant drafted a contract agreement on April 6, 2016, which was before preparing the instant contract agreement, and some of them are as follows:

(hereinafter referred to as the “instant agreement,” and the entire content of the instant agreement is as shown in attached Table 1). 3. The Si Corporation shall pay the City Corporation the total amount of the construction cost and the construction cost related to construction other than the construction cost.

6. In principle, building materials shall be used as materials indicated on the existing design.

8. When the project owner requests an additional construction work, the contractor shall undertake such construction work without compensation if it does not exceed 10 per cent of the total construction cost.

9. The contractor shall be responsible for all from the start to the completion of the construction to the completion of the construction, and shall deliver to the owner a certificate of completion.

11. If the contract date exceeds the contract date, the contractor shall deduct one percent per day from the contract amount.

14. The contract agreement shall take precedence over the standard contract for private construction works.

The Plaintiff and the Defendant related to the instant contract on January 16, 2017 are KRW 98,400,000 (including stairs 2EA).