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(영문) 서울중앙지방법원 2017.02.09 2015가단5194516

공사대금

Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 31,522,382, and 5% per annum from December 24, 2014 to February 9, 2017.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff and the Defendants: (a) entered into a contract for construction works with the intent to complete the remainder after completion of the construction works, setting forth that the amount of the contract was KRW 518,500,000 (the amount included in civil engineering works, such as land destruction, soil removal, etc.; and (b) the contract amount included in value-added tax is KRW 570,350,000, including value-added tax; hereinafter the same shall apply); (c) the construction period from April 8, 2014 to September 10, 2014; and (d) the remainder will be fully paid.

B. The Plaintiff and the Defendants, as the special terms and conditions of the above contract, determined that “4) civil petition shall not exceed 3 million won, including personnel expenses, on the side of the contractor, and shall be liable on the side of the building owner for the occurrence of additional expenses. 6) Water, electricity, and gas shall be subject to re-consultation during the course of the additional construction.” (3) However, the Plaintiff and the Defendants, on the neighboring land adjacent to the above land, have obstructed the boundary of about 20 square meters on the surface, and have changed the design to reduce three concrete structure rooms and one sand position plate room to reduce the amount of construction cost by 61,358,479 won, and outer wall reduction in construction cost due to the above change of design to 60,000 won, 300 won, 300 won, 400 won, 300 won, 400 won, 300 won, 400 won, 300 won, 301, 2501, 2016, 36361, 4008.6.1.