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(영문) 수원지방법원 성남지원 2018.10.30 2018가합400154

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 당사자들의 지위 1) 원고는 토목공사업, 토목건축공사업 등을 영위하는 회사로서 피고로부터 아래에서 보는 것과 같이 김포시 B, C, D 일원의 E공사(이하 ‘이 사건 공사’라 한다

2) The Defendant is the contractor for the instant construction, which is established for the purpose of urban development and maintenance, housing construction, etc.

B. 1) The Plaintiff and the Defendant concluded the instant construction contract on January 28, 2013, the contract amount of KRW 24,265,400,00 (including value-added tax; hereinafter the same shall apply) with respect to the instant construction project on January 28, 2013

2) The contract for the construction work at issue (hereinafter “instant contract for construction work”).

2) The construction project of this case requires a crackter for piling strings, tin, and produced aggregate for the production of aggregate to be used in the construction project. The construction project of this case included the installation and operation of a cracker with a size of 5,000 square meters at the end of F (hereinafter “F section”).

3) The Plaintiff submitted a calculation sheet stating KRW 389,449,500, applying the area of KRW 5,000 square meters and unit price of KRW 77,889.9 to the “rent for Site” item in the tendering procedure for the instant construction project, and the contract was concluded as is. 4) The main contents related to the instant case among the general terms and conditions of the construction contract included in the instant construction contract (hereinafter “general terms and conditions of the construction contract”) are as shown in the attached Form of the Construction Contract.

C. On July 20, 2015, the Plaintiff, while performing the instant construction, changed the location and area of the cius to the terminal part of the F section in consideration of group civil petition and process efficiency, and changed the location of the cius, which was scheduled to be installed at the starting part of the F section, to the terminal part of the F section, and changed from 5,000 square meters to 7,582 square meters in order to keep the raw materials from hindering supply and demand of aggregate and construction works.