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(영문) 광주지방법원목포지원 2016.10.20 2014가합12954

공사대금

Text

1. Defendant New Construction Co., Ltd.: 148,04,955 won to Plaintiff A Co., Ltd.; and 12,832,767 won to Plaintiff B; and

Reasons

1. Basic facts

A. The instant landscaped construction contract and subcontracted construction contract 1) Defendant Green Construction Co., Ltd. (hereinafter “Ex Post Facto Construction”).

around April 2012, 2012, the landscaping works (hereinafter referred to as “instant landscaping works”) among the landscaping works from the Republic of Korea (Jurisdiction: the Regional Maritime Affairs and Fisheries Office).

(1) The construction period was set at KRW 1,812,910,000, and the contract was concluded during the construction period from April 18, 2012 to April 7, 2014 (hereinafter “instant landscaped construction contract”). The construction cost is “the price for the instant landscaped construction project.”

(2) Around April 2012, Defendant Young-gu Construction Co., Ltd. (hereinafter “ Young-gu Construction”) was awarded a contract for civil engineering works from the Republic of Korea among the wooden E Construction Works.

3) Defendant New Construction Co., Ltd. (hereinafter “D”) on July 25, 2013

) From July 25, 2013 to April 7, 2014, the instant landscaping construction project was subcontracted to the Plaintiff with the construction cost of KRW 1,491,710,000 (hereinafter “instant subcontracted project”) or the instant subcontracted project contract, and the construction cost is “the instant subcontracted project cost”.

(4) Around January 2014, the Republic of Korea and the Defendant Construction agreed to increase the price of the instant landscaping construction to KRW 1,911,470,000, and accordingly, the Defendant New Construction and D entered into a modified contract on January 16, 2014 to increase the price of the instant subcontracted construction to KRW 1,568,050,000.

In addition, on March 17, 2014, Defendant New Construction and D entered into an amendment agreement that extends the construction period of the subcontracted project in this case to June 21, 2014.

B. Each of the instant sub-subcontracts contract 1) Plaintiff A (hereinafter “A”)

(2) On October 17, 2013, the Plaintiff received re-subcontracted the construction cost of the instant landscaped construction in KRW 209,330,000 from D (hereinafter “instant re-subcontracted construction contract”) and the construction cost of the instant construction is “the first re-subcontracted construction cost.”

- As of July 14, 2014