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(영문) 서울남부지방법원 2015.11.20 2013가합15877

공사대금

Text

1. The Defendant’s KRW 92,758,715 as well as the Plaintiff’s annual rate of KRW 5% from August 1, 2013 to November 20, 2015.

Reasons

1. Basic facts

A. On June 15, 2012, the Plaintiff entered into a construction contract between the Defendant and the Defendant with the content that the Plaintiff entered into a contract with the Defendant for retaining walls, gymnasium poppy (hereinafter “instant construction”) on the site of “the third section of the road works between Jinju-do and Jinyang-do” located in the Hancheon-gun, Chungcheongnam-do, North-do, Hacheon-do, and that the Plaintiff received a total of KRW 368,300,000 in return.

In this context, permanent poppy construction is carried out in the order of the ground ceiling, poppy inserting, stoppy inserting and strawing (which is the work to charge straws made on the basis of materials such as cement and asphalt).

B. 1) The parties to the instant construction contract agree on the terms and conditions of the instant construction contract for the first time on June 15, 2012, “Agreement on June 15, 2012,” as stated in the “Agreement on June 15, 2012,” as stated in the “Agreement on the Quantity and Amount of the Construction Contract” (hereinafter “Agreement on June 15, 2012”).

(2) However, the phrase “Agreement dated November 1, 2012” as of November 1, 2012 refers to the agreement to apply the modified agreed terms and conditions retroactively to not only the portion that was made after the process but also the portion that was already made during the process (hereinafter referred to as “Agreement on November 1, 2012”).

(1) The parties to an agreement on June 1, 2012 at the time of agreement on June 15, 2012, to pay 12,248,00 seal work of KRW 866,50,00 (won/m) and KRW 325,000 (won/m) 23,284m 22,00 (won/m) 512,248,000 (won/m) and 43,30,000 (won/public) 8666,50,000 817,50,000 (won/public) and 368,30,000,000 won and 40,50,000 won and 50,000 won and 50,50,000 won and 530,000,000 won and 1.21,21,201.