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(영문) 인천지방법원 2017.05.18 2016가단9079

공사대금

Text

1. Of the Plaintiff’s lawsuit, the part on the claim for damages for delay from September 20, 2016 shall be dismissed.

Reasons

1. Basic facts

A. On January 15, 2014, the Plaintiff was awarded a contract by the Defendant for the “C Sticker Starting Construction Work” (hereinafter “instant Construction Work”) with the amount of KRW 1,521,00,000,000, and the construction period from July 9, 2014 to February 28, 2015.

B. The original owner of Cpicker Corporation is Samsung C&T (hereinafter “T”) and its contractor is the Defendant, and the Plaintiff was mainly in charge of the Tpicker Corporation during the C&T construction as the subcontractor. However, at the request of Samsung C&T, the design modification was made to the instant construction, and the additional construction was completed, and a dispute arose between the Plaintiff and the Defendant regarding the increase in the construction price due to the additional construction.

C. Meanwhile, the Plaintiff paid 21,775,00 won to the employees of the Defendant at the Defendant’s request during the instant construction work (hereinafter “instant substitute payment”) and completed the instant construction work including additional construction work.

On June 26, 2015, the Plaintiff filed an application for dispute conciliation with the Korea Fair Trade Mediation Agency (hereinafter “instant application for conciliation”) seeking payment of KRW 357,293,340 against the Defendant (i.e., KRW 334,93,340 of the additional construction cost and KRW 22,360,00 of the pipeline subscription payment) (hereinafter “instant application for conciliation”).

E. After that, on July 6, 2015, the Plaintiff and the Defendant entered into a contract agreement with the intent to increase the contract amount of the instant construction project to KRW 180,000,000 (hereinafter “instant settlement agreement”) and the main contents of the instant settlement agreement are as follows.

[The main contents of the instant settlement agreement] Paragraph 4: immediately after the agreement is reached on this agreement, the contractor shall withdraw an application for the adjustment of the down payment to the Korea Fair Trade Mediation Agency.

Paragraph 5: All the expenses that may be incurred in relation to the treatment of the case of application for medical care in the case of workers' "Korea Workers' Compensation and Welfare Service" (hereinafter referred to as "Korea Workers' Compensation and Welfare Service").