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(영문) 수원지방법원성남지원 2014.04.22 2013가합202232

공사대금

Text

1. The Defendant’s KRW 271,975,80 for the Plaintiff and 6% per annum from November 16, 2012 to April 22, 2014.

Reasons

1. The following facts may be found as follows: Gap evidence Nos. 1, 3 through 7, 26, and Eul evidence Nos. 4, 5, 8, 9, 21, and 24 (including branch numbers for those with serial numbers) by considering the whole purport of the pleadings.

Plaintiff

The plaintiff is a company that mainly runs the construction business, and the defendant is a special purpose corporation established for the purpose of traffic safety management.

B. On March 28, 2011, the Defendant entered into a contract and changed the said contract. (1) On March 28, 201, between the Plaintiff and the Plaintiff, “A” (hereinafter “instant new construction”).

The contract amount was 9,382,610,00 won (including value-added tax) and the construction period from April 1, 201 to March 31, 2012, each of which was set as 1/1,000 of the contract amount for delay (hereinafter “instant contract”).

(2) The Plaintiff and the Defendant increased the contract amount to KRW 9,756,720,000 by extending the deadline for completion on December 26, 2011 to May 25, 2012, due to reasons such as the Defendant’s request or price fluctuation. As the deadline for completion was extended on March 8, 2012 until September 15, 2012, the contract amount was increased to KRW 9,826,020,00; the contract amount was increased to KRW 10,764,081,00 on July 10, 2012; and finally, the contract amount was increased to KRW 10,817,310,000 on September 13, 2012.

3) Meanwhile, the Defendant entered into a construction project management contract with B and entered into a construction project management contract with B (hereinafter “instant construction project management group”).

(C) On September 14, 2012, when the completion date is imminent, the instant construction project management team submitted to the Defendant a report on the completion of construction-related coordination to the following purport:

In general, when a report on completion of construction is submitted from the construction works, the project owner (CM) shall conduct inspection for 14 days and shall not be less than the building.