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(영문) 창원지방법원마산지원 2016.05.18 2014가합246

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 13, 2010, the Plaintiff entered into a contract with the Defendant for a contract of KRW 23.65 billion (hereinafter “instant contract for construction work”) with the Defendant with respect to the payment of the construction cost, etc. (hereinafter “instant special agreement”). On October 13, 2010, the Plaintiff entered into a contract with the Defendant for a contract of KRW 23.65 billion (hereinafter “instant contract for construction work”).

(1) The total amount of construction work shall be KRW 23.65 billion (including value-added tax), and it shall not exceed the above amount, notwithstanding any change in the future.

(2) As for the construction cost required for the creation of a site due to additional modification of design, ownership of rocks emitted from the construction site concerned shall be substituted by the plaintiff.

(3) Where the progress of construction works has been interrupted due to a cause attributable to the plaintiff, only 70% of the construction amount [the arithmetic mean of the construction amount of the completed works appraised by the two places of appraisal personnel (the appraiser in the city of Sacheon and the appraiser designated by the defendant)];

④ The instant special agreement takes precedence over the general terms and conditions of the standard contract, and any significant change in the special agreement may be agreed upon by the original Defendant.

B. After that, on December 9, 2011, the Plaintiff subcontracted the instant construction project to the Geumcheon Development Co., Ltd. (hereinafter “Culsung Development”) for KRW 8.8 billion during the instant construction project, the period of reduction of soil and transportation of forest land for KRW 8.8 billion. However, since the agreement between the Plaintiff and the construction cost increase was not smoothly progress, the construction project in this case was suspended on November 2012, and accordingly, the instant construction was suspended.

C. The Defendant requested the Plaintiff to resume construction several times from December 2012, but the Plaintiff did not comply with the request due to the Defendant’s failure to pay the construction cost and the design modification for taking out rocks at the instant construction site. On March 4, 2013, the Defendant notified the Plaintiff of the termination of the instant construction contract.

The defendant's expenditure amount was 3,436.