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(영문) 인천지방법원 2013.11.05 2012가합32788

공사대금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant was awarded a contract with the Korea Land and Housing Corporation for construction works of six sections among the construction works of an apartment site development zone Aa-5 block in the Hanpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and then on September 6, 2010, between the Plaintiff and the Plaintiff on September 6, 2010, for construction works of soil and structures among the construction works of the said six sections (hereinafter “instant Kimpo-si apartment civil engineering works”).

A) A subcontract to the effect that the construction cost is KRW 510,00,000, and the construction period is from September 6, 2010 to August 15, 2012 (hereinafter “instant first subcontract”).

2) On March 25, 201, the Defendant concluded a modified contract with the Plaintiff to increase the construction cost of the civil engineering works in KRW 599,600,000 (hereinafter “instant amendment contract”), and on November 23, 2011, a modified contract to increase the construction cost of the said construction in KRW 603,50,000 (hereinafter “instant amendment contract”) to KRW 603,50,000.

3) By December 1, 2011, the Defendant paid the Plaintiff KRW 595,890,000 as the construction cost of the instant Kimpo-han apartment complex construction work. (4) In addition, considering the increased construction cost recognized by the Korea Land and Housing Corporation, the ordering person, due to the increase of soil transportation distance, etc. in the remaining soil treatment process, the Defendant calculated the final construction cost of the instant Kimpo-han apartment complex construction as KRW 630,50,000, and on April 9, 2012, the Defendant deposited the remaining construction cost of KRW 34,610,000, the remainder of the construction cost calculated by the Defendant on the ground of the Plaintiff’s refusal to receive payments (=630,500,000 for the final construction cost calculated by the Defendant, KRW 595,890,000 for the fixed construction payment - KRW 590,890,000 for the fixed construction cost) as the depositer in Incheon District Court.

B. The Defendant entered into a subcontract with respect to the construction work of Yyangyang-ju apartment.