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(영문) 창원지방법원 2020.01.09 2019나53713

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On March 28, 2016, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant with a company operating an engineering work business, building work business, etc., under which the Defendant received a contract for new construction work for the Ulsan-gu C neighborhood living facilities (hereinafter “instant construction work”).

The main contents of the above contract are as follows:

The name of construction contract for construction: The construction site period at the construction site of the Jung-gu Seoul Metropolitan Government Category C neighborhood living facilities in Ulsan-si: the contract amount of April 1, 2016 to July 15, 2016 (referring to the change from this date to December 30, 2016): the value of KRW 829,400,000 in value of value of KRW 754,000 in value of value of value of value of KRW 75,40,000 in value of value of value of KRW 75,40,000 in value of value of KRW 50,000 in value of KRW 50,000

B. On August 5, 2016, the Plaintiff subcontracted the title, glass, and miscellaneous steel construction among the instant construction works to E Co., Ltd. (hereinafter “E”).

C. E, while carrying out the said subcontracted project, performed the following modification work (hereinafter “the instant modification work”) and supplementary work (hereinafter “the instant supplementary work”) in accordance with the direction of F, the Plaintiff’s on-site director, and performed the said modification work and supplementary work (hereinafter “the instant modification work, etc.”).

The fact that there is no dispute over the construction cost (based on recognition), Gap 1,2,3,7,7,000 (units, source) - Blulue du floor changes 726,00 transparency - Blue 1,314,00 of the Glue Rolo floor changes - 680,314,000 supplementary construction cost plate and entrance kiiumsium change 1,314,000 of the Nlue Rologramsium change 6,510,000 of the 1st floor upper part of the construction project and the 3,790,000 of the first floor upper part of the construction project, Gap 1,2,3,7 evidence, Eul 3, and 4 (including paper numbers), each entry and video

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1 around October 2016, the Defendant ordered the instant alteration work, etc., including construction work to change transparent glass in relation to subcontracted construction, such as windows, etc., to F and E, and construction work, installation work of knick board, and knicking work.

Accordingly, E is the instant case from October 24, 2016 to December 13, 2016.