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(영문) 서울중앙지방법원 2018.12.14 2017가합563293

공사대금

Text

1. The Defendant: 176,017,524 won to the Plaintiff Promotion Enterprise Co., Ltd.; and 44,004,381 won to the Plaintiff Red Profit Industry Development Co., Ltd.

Reasons

1. Basic facts

A. On November 4, 201, the Defendant issued a public tender notice for construction works on a long-term multi-level replotting facility construction project with the content of underground tea and access road construction, the extension of a long-term intersection road, the construction of a reservoir, and the construction of a reservoir (hereinafter “instant construction project”) at the jurisdiction of Songpa-gu Seoul, Songpa-gu, Seoul.

B. The Plaintiff’s promotion enterprise and the Plaintiff’s Hongk Industry Development constituted a joint supply and demand organization with a share ratio of 80% and 20%, participating in the instant construction project, and was selected as an eligible person.

C. On January 12, 2012, the Plaintiffs entered into a contract for construction works (hereinafter “instant contract”) with the Defendant on the terms of contract amount of KRW 63,615,432,00 with respect to the instant construction works, January 13, 2012 on the date of commencement, and January 11, 2015 on the date of completion.

The contract of this case was modified seven times, and the contents thereof are as follows:

The second revision from December 19, 2012 to November 72, 2015, from December 13, 2012, 201, to December 13, 2015, 201, the second revision to 73,041,50,000 as of December 04, 2014, the third revision to 73,041,50,000 from December 23, 2014 to 30.6. 30. 6. 13, 2012 to 30. 6. 30, 2016. 30, 208, 203. 6. 30, 130, 2016. 8. 6. 30, 30, 200, 40, 200, 200, 13. 16. 8, 2013

D. The instant construction was completed on April 25, 2017.

Although the Plaintiffs filed a claim against the Defendant for the completion price after completion of the instant construction, the Defendant did not pay KRW 368,913,69 out of the completion price (=295,130,959, the completion price for the Plaintiff Red Industry Development (73,782,740, the completion price).

E. Susung Engineering Co., Ltd. in charge of responsible supervision services of the instant construction works, on February 27, 2017, which delayed the instant construction works to the Defendant from January 3, 2017.