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(영문) 대전지방법원홍성지원 2016.09.29 2013가합2204

공사대금

Text

1. The Defendants shall jointly:

A. From January 7, 2014 to September 29, 2016, KRW 532,430,129 to the Plaintiff.

Reasons

1. Name of basic facts: The contract amount from March 19, 2012 to June 30, 2012: The warranty bond rate of 840 million won: 3% of the warranty bond rate for defect repairs and other matters: The air may be extended at the time of the modification contract. Where a new process occurs, and the check quantity is changed during the construction, the modified unit price and the quantity shall be applied;

A. On March 13, 2012, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendants on each of the instant land (hereinafter “each of the instant land”) with the content that it would receive a contract for site creation works for the formation of a housing complex (hereinafter “instant construction works”) at a contract price of KRW 840 million (including value-added tax). The main content of the contract is as follows.

B. After that, the Plaintiff and the Defendants concluded a modified contract (hereinafter “instant modified contract”) with the content that the contract amount was changed to KRW 1.04 billion on March 20, 2013 as the date of completion of the completion of the project on October 25, 2012, and the contract amount was changed to KRW 1.04 billion (the content of the other contract is the same as that of the said construction contract) on three occasions (hereinafter “instant modified contract”).

C. Meanwhile, on October 17, 2013, approval for the use of the instant construction was granted from Hongsung-gun on the instant construction project, and around that time, the Plaintiff received KRW 740 million from the Defendants as the payment for the construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff and the Defendants asserted by the parties to the instant construction contract and the amendment contract, agreed to settle the total construction cost due to the modified construction work and the additional construction work later, and the Plaintiff, upon consultation with G and the Defendants in charge of designing the instant construction work, shall perform multiple modified construction work and additional construction work.