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(영문) 대구지방법원포항지원 2020.02.06 2018가합10208

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 234,788,00 to the Plaintiff (Counterclaim Defendant) and its related amount from October 17, 2017 to February 6, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a construction company with the aim of an engineering work business, etc., and the Defendant is a regional housing association established by the committee for promotion of the B-Gu Housing Association (hereinafter “promotion committee”) which is a telegraphic person, as the project implementation district, with one of the two North-gu Seoul metropolitan districts as the project implementation district.

B. 1) On October 12, 2016, the Plaintiff entered into a contract for construction works with the promotion committee on the part of October 12, 2016 (hereinafter “instant construction works”).

As to the construction cost of KRW 909,423,00 (including value-added tax), October 17, 2016, the date of commencement, October 16, 2017, and October 16, 2017, with respect to the completion of the relevant construction contract (hereinafter “instant construction contract”).

(2) Of the content of the calculation statement attached to the above construction contract (hereinafter “first specifications”) the part relating to the parties’ assertion is as follows.

The detailed number of units of work shall be the combined quantity of each unit.

1. Earth cutting devices 200,282,769 1.05 useful soil piling 199,577,135 1.06 earth piling up 56,312,50% and more of 95% and more of 0 soil piling/soil piling up 90% and more of 90% of 0 soil piling/soil piling up 112,8281,081.08 07 earth piling up 112,828 1.09,137,560 47,560 47,000 square meters of 89.385 square meters and more of 0.385 square meters of 56,312,501.07 earth piling up of 112,828 1.08 01.09 external soil piling up, 137,560 square meters of 15.371,7197 m257.7

C. On December 2016, 2016, the Plaintiff: (a) changed the process of soil piling up from “influence” to “influence at least 90%”; and (b) changed the first design statement to “influence at least 91,00,000 won from “influence at 909,423,000” to “influence at least 90%” to “influence at least 91,000” to “influence at least 91,000.” (b) The Promotion Committee sent the official document (document number : D) requesting the change of the content that “influence at least 90%” to “influence at the early stage.

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