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(영문) 수원지방법원 2018.10.11 2018가합14383

공사대금

Text

1. As to KRW 209,700,304 and KRW 190,014,494 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 190,010 from July 8, 2015, and KRW 19,685,810.

Reasons

1. Basic facts

A. The Defendant is a contractor who ordered the construction of a new government building in North-dong Office of Education of Gyeonggi-do (hereinafter “instant construction”) with the total construction period from March 11, 2013 to July 23, 2014, the total construction period of which is KRW 15,445,791,00, on the one unit of the land located in Geum-dong 431-1, Geum-dong Office of Government-si.

B. On February 25, 2013, the Plaintiff and the Geumcheon Industrial Development Co., Ltd. (hereinafter “Cuk Industrial Development”) constituted a joint supply and demand organization (49% of the Plaintiff’s shares, 51% of the shares in the development of the Geumcheon Industrial Development; hereinafter “instant joint supply and demand organization”) that represents the development of the Geumcheon Industrial Development, and entered into a contract with the Defendant on February 25, 2013 as the counter-party to the instant joint supply and demand organization with the Defendant for the construction period from March 11, 2013 to November 15, 2013; the construction period of the instant joint supply and demand organization shall be from March 11, 2013 to November 15, 2013; the construction cost shall be KRW 5,080,632,00 (hereinafter “the instant first construction contract”); and the said construction work shall be “the instant primary construction project”).

C. On July 29, 2013, the instant joint contractor entered into a modified contract with the Defendant on the grounds that “the deadline for completion due to the reflection of the consultation period by the related agency on the plan for disposal of contaminated soil” was extended by 58 days from November 15, 2013 to January 12, 2014; and the total construction period was extended by 19 September 19, 2014.

As of December 26, 2013, the instant joint supply and demand organization is entitled to extend the construction period due to rain, etc. between the Defendant and the Defendant.

The deadline for completion of the instant construction contract as amended under the first construction contract is re-scheduled on March 22, 2014; provided, however, the total construction period is the same.

As amended on September 19, 2014, the Defendant maintained the same as the date of completion as the revised in this paragraph, and the Defendant would additionally pay the amount of KRW 196,671,000 to the instant joint supply and demand company as the design modification amount (this, the total construction cost has been increased to KRW 15,642,462,00).