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(영문) 울산지방법원 2014.09.25 2013가합2883

약정금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On July 5, 2012, the Defendant entered into a contract between the Defendant and Dol Construction Co., Ltd., with the period of construction set as KRW 2,365,00,000 (including value-added tax) and the construction cost from July 5, 2012 to September 30, 2012 (hereinafter “instant construction”).

The Defendant and Netre Construction Co., Ltd. concluded a contract on the change of the construction period on September 10, 2012 regarding the said contract by December 31, 2012; a contract on the change of the construction period extended on December 31, 2012 by January 31, 2013; a contract on the change of the construction period extended on December 31, 2012 by January 31, 2013; and a contract on the extension of the construction period on January 31, 2013 by March 31, 2013; the construction period is extended by March 31, 2013; the construction cost is KRW 3,457,30,00 (including additional taxes; direct construction cost; KRW 3,272,78,256; indirect construction cost: KRW 184,51,744).

(hereinafter referred to as “instant modification contract” in total) B.

On July 20, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant, and the Defendant entered into a subcontract (hereinafter “instant contract”) with which the Defendant was awarded a contract for the instant construction work that the Defendant contracted from Dok Construction Co., Ltd. for KRW 1,727,53,000 for the price (hereinafter “instant contract”).

The details of the instant contract are as follows.

A summary summary C (hereinafter referred to as the “A”) and the Plaintiff who is the constructor (hereinafter referred to as the “B”) shall mutually agree, and prepare and conclude an agreement, as follows, in the execution of the B electricity and mooring works:

The following:

1. Name of the construction project: Electricity and field construction project;

2. Agreed amount: 1,727,553,00 won (materials: 788,810,000 won; Labor cost: 88,396,000 won: Expenses: 50,347,000 won) - Execution within a limit of 85 percent of direct construction cost out of the contract price of the client and the defendant - Execution of safety management supplies and indirect construction cost shall be executed by the defendant. - Within the agreed amount, including labor cost for the defendant’s on-site director and personnel for public services;

3. Scope of construction: Overall control of the terms of a contract entered into between the said corporation and the defendant;

4. Construction period: Between July 5, 2012 and September 30, 2012.