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(영문) 부산지방법원 2019.12.18 2018가합636

공사대금

Text

1. The Defendant’s KRW 191,910,00 for the Plaintiff and 6% per annum from April 11, 2018 to December 18, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established on August 12, 2013 for the main purpose of civil engineering and construction business, etc., and the Defendant C is a company incorporated on May 11, 2018 to the Defendant (Co., Ltd.). The Defendant C is a “Defendant,” regardless of whether there is a mutual change before and after the mutual change. D is a company established on June 14, 2007 for the main purpose of construction business, etc. 2) D was working as the Defendant’s representative director from March 13, 2012 to March 13, 2018, and E was working as the Defendant’s representative director from August 18, 2013 to August 18, 2016; and F was employed as each of the Defendant’s inside directors from March 13, 2015 to May 11, 2017.

B. 1) On August 24, 2015, the Defendant concluded a subcontract agreement with the Plaintiff as to KRW 770,000,000 for the construction cost (including value-added tax) and the construction period from August 25, 2015 to November 30, 2015, each of which is newly constructed on the G ground of Yangsan-si (hereinafter “instant H factory”).

2) The subcontracting of the water plant project (hereinafter referred to as the “instant H plant subcontract”).

2) The lower court determined that the instant H factory subcontract agreement was the content of the instant H factory subcontract and the main contents of the general terms and conditions of the instant construction contract are as follows (hereinafter “instant H factory subcontract agreement”).

A) The term “instant special agreement” (hereinafter referred to as “instant special agreement”).

(A) “A” (the defendant; hereinafter the same shall apply) in the event of a design change or recognition and alteration of an additional construction project with the ordering authority under Article 7 (Modification of Design).

) and “B” (the plaintiff, hereinafter the same shall apply)

)은 하도급계약에 의거 설계변경 금액을 상호 합의하여 정산 처리한다. 제8조(공사 범위) 1) 수장공사 전체일괄 2) 공사범위: 사무동 수장공사 일괄 포함 2)-1 지하입구 쟌넬 간판 및 고광로고 / 시청각실 방송시스템(유, 무선-2SET) / 카페테리아 공정식 어닝/ 시청각실 스피커(4EA) / 전동보드(2EA) / 시청각실 스크린, 방음문 / 내부 복도 창호 및 도어 공사 “을” 일체 시공,...