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(영문) 전주지방법원 2016.11.23 2014가합8348

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 116,122,874 and the interest rate of KRW 15% per annum from November 7, 2014 to the date of full payment.

Reasons

Basic Facts

A. On November 8, 2011, Co., Ltd., Ltd. (hereinafter “Lelim Construction”) entered into a subcontract for construction works with the Defendant (a limited liability company: D) to subcontract the construction works to the Defendant (including additional taxes) for landscaping among C apartment construction works contracted from satellite City Construction Co., Ltd. (hereinafter “instant construction works”).

B. On December 201, 201, the Defendant entered into an additional construction contract with a scale of KRW 456,907,006 on the instant construction project (hereinafter “instant additional construction contract”) with a policeman, and received the said additional construction payment as an advance payment.

C. Since then, the Treatment Industry Development Co., Ltd. (hereinafter “Treatment Industry Development”) succeeded to the status of a contractor for the said contract, and on May 18, 2012, the Treatment Industry Development concluded a subcontract again with the Defendant to subcontract the instant construction to KRW 2,336,805,94 (including surtax).

On June 7, 2012, the Defendant confirmed that he received KRW 456,907,00 as an advance payment pursuant to the instant additional construction contract as construction cost for the implementation of landscaping construction work as set out in the same specifications as the attached Form, and drafted a letter of commitment to faithfully perform the construction of the aforementioned construction cost and not demand the payment of additional construction cost (hereinafter “each letter of this case”).

E. On December 10, 2012, the treatment industry development confirmed and settled the actual construction work completion after the completion of the instant construction work, and accordingly, drafted a standard subcontract agreement for the construction work with the Defendant to change the construction cost to KRW 2,106,432,045.

(hereinafter “The instant final revision agreement”). The Plaintiff agreed to change the final construction cost of the instant construction to KRW 2,106,432,045 as above.

F. The Plaintiff’s landscape trees executed by the Plaintiff during the instant construction works.