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(영문) 춘천지방법원 영월지원 2018.09.28 2017가합10031

공사대금

Text

1. The Defendant: (a) KRW 134 million to the Plaintiff; and (b) KRW 6% per annum from February 2, 2017 to September 28, 2018; and (c).

Reasons

Basic Facts

On December 21, 2015, the Plaintiff received a contract with the Defendant at least 4,803,922,410 won (including value-added tax) for the first stage construction project to create E in the vicinity of the area located in the Gangwon-gun C (Gu) D (hereinafter referred to as “instant construction project”), during the period, “from December 23, 2015 to December 22, 2016,” and “from December 23, 2015 to December 22, 2016” and “0.1% of the penalty for delay.”

The contract is called ‘the contract of this case'.

(2) On December 23, 2015, the Plaintiff started the instant construction work, and completed the instant construction work on December 2, 2016. The Plaintiff and the Defendant concluded a modified contract with the purport of increasing the price of the instant construction work to KRW 4,387,00,00 on October 17, 2016, where the instant construction work was in progress. On December 16, 2016, the Plaintiff concluded a modified contract with the purport of increasing the price of the instant construction work to KRW 4,635,00,00 for KRW 4,635,00 without any change in the relevant construction site; the Plaintiff installed facilities not indicated in the instant construction plan, etc.; the instant construction work to be executed by the method different from the method stipulated in the instant construction plan; the instant construction work to be executed by the method stipulated in the instant construction site; the Plaintiff and the Defendant stated the instant construction work as the ground for recognition, the purport of evidence No. 1, 2, and 3 evidence No. 2, and evidence No. 1, respectively.

At the time of the contract for the instant construction, the Defendant is less than shott in the tunnel.