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(영문) 서울고등법원 2015.01.15 2014나3728

공사대금

Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows.

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. 1) The Defendant entered into a subcontract construction contract with the Korea Land and Housing Corporation (1-2) on September 23, 201, upon receiving a contract for the construction works for the relocation of alternative military installations from the Korea Land and Housing Corporation, and the Plaintiff during the said construction works (hereinafter “instant construction works”).

(i) 2,358,400,000 won (including value added tax; hereinafter the same shall apply) for the cost of construction;

(2) As to the construction period from September 23, 201 to March 24, 2012, a subcontract was made (hereinafter “instant construction contract”).

(2) On March 16, 2012, the Plaintiff and the Defendant concluded a contract to alter the construction period of the instant construction contract from September 23, 2011 to April 24, 2012.

3. On April 23, 2012, the Plaintiff and the Defendant concluded a modified contract to the effect that the instant construction cost was changed to KRW 2,655,290,000. The main contents of the modified construction contract are as follows.

6. Payment of the price;

(a) 2) The completed portion within 60 days from the date of receipt of the object: the defect repair liability period: 3 years from the date of the entire completion of the Defendant’s construction (Provided, That the defect repair of the package work due to the subsidence of the underground sidewalk section until the present time shall be implemented by the Plaintiff, and the subsequent defect repair shall be exempted from the liability after consultation with the ordering agency;

(4) On April 23, 2012, the Plaintiff completed the instant construction work, and the Defendant finally settled the instant construction cost at KRW 2,597,430,000 on the same day.

B. On May 25, 2012, the Plaintiff entered into an additional construction contract with the Defendant, setting the construction period from May 25, 2012 to June 20, 2012, with respect to the supplementary construction for the underground news section (hereinafter “additional construction”) among the instant construction works, as the construction period from May 25, 2012 to June 20, 2012, the construction cost of KRW 44,825,00, and the payment period for the additional construction work amount of KRW 44

(hereinafter “Additional Construction Contract”). (c)

Plaintiff

The development of the new industry by the succeeding intervenor by the plaintiff is based on the original copy of the judgment of Suwon District Court Decision 2013Na102141 against the plaintiff.