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(영문) 광주고등법원(전주) 2015.10.29 2015나545

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is against the plaintiff central concrete corporation 56,928.

Reasons

1. Basic facts

A. On April 20, 2010, the Defendant entered into a contract with the Plaintiff’s central concrete and reinforced soil retaining walls (including value-added tax) for construction cost of KRW 461,096,240 (including value-added tax), the construction period from April 20, 2010 to December 30, 2010 (hereinafter “the instant filled-up construction”). On the same day, the Plaintiff’s central concrete entered into a contract with the Defendant for the supply of 1,075,286,30 won (including value-added tax) as materials required for the filled-up construction of this case.

(hereinafter “instant delivery contract”). B.

On November 8, 2010, the Defendant concluded a construction contract with the Plaintiff’s central concrete and its reinforced earth retaining wall construction (including value-added tax) on the construction cost of KRW 3,792,246,260 (including cut parts) and the construction period of the construction period from November 8, 2010 to March 30, 201.

(hereinafter referred to as “the cutting part of this case”). C.

Plaintiff

On June 27, 2012, the central concrete and the Defendant agreed to increase the construction cost of the instant filled-up construction into KRW 508,925,470 (including value-added tax) and to extend the construction period on December 31, 2012. ② The contract price of the instant supply contract was changed to KRW 1,187,492,70 (including value-added tax) and ③ the construction cost of the instant cut-off construction was increased to KRW 4,045,246,260 (including value-added tax) and the construction period was extended to December 31, 2012.

In the course of the instant banking and cutting-off construction, additional volume due to the modification of a design was incurred, and the Plaintiff’s central concrete completed all construction works due to the modification of a design and received a written confirmation of completion of construction from the head of the supervising group of the ordering person on April 3, 2013 as follows:

The construction work completion certificate shall be the construction volume of the Gu unit contract.