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(영문) 서울중앙지방법원 2020.01.22 2018가합517891

청구이의

Text

1. The payment order for the Defendant’s claim for construction cost against the Plaintiff is based on the Seoul Central District Court Decision 2017 tea17534.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a contract with D as to the construction of a building on the ground of 738.1 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant C construction”) and entered into a contract with the Defendant, who is the subcontractor, for 14 months after the commencement of the construction period (including value added tax), and entered into a contract with the Defendant, as the subcontractor, for the construction period of the said C construction (hereinafter “instant C glass construction”), and entered into a contract with the Defendant, as the subcontractor on June 27, 2016, to confirm the construction period of the instant construction work (hereinafter “instant construction”), and entered into a contract with the Plaintiff at the time of entering into the construction site with the Plaintiff each of the instant construction site at the rate of KRW 423,50,000 of the construction cost (i.e., KRW 385,000,000, value added tax 38,500,000,000).

3) On July 31, 2016, the Plaintiff changed the completion period of the instant C glass project from July 31, 2016 to November 30, 2016. (b) On August 19, 2014, the Plaintiff entered into a contract with F Co., Ltd., a contractor, to set the construction period of construction for the construction of H on the land outside Seocho-gu Seoul and three parcels (including value-added tax) from August 26, 2014 to May 25, 2016.

2) On April 25, 2016, the Plaintiff and the Defendant, a subcontractor, set the construction period of the glass construction work during the said construction (hereinafter “instant glass construction”) from April 25, 2016 to July 31, 2016, and the construction cost of KRW 225,50,000 (including value-added tax).