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(영문) 부산지방법원동부지원 2019.09.04 2018가단204383

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 188,373,018 and interest rate of KRW 15% per annum from March 3, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. 1) On January 26, 2016, the Plaintiff and the Defendant: (a) from the Defendant on January 26, 2016, the Plaintiff’s construction of reinforced concrete among the new construction works of Gangseo-gu Busan building C (hereinafter “instant construction works”).

(i) the contract amount of KRW 1,188,00,000 (including value-added tax; hereinafter the same shall apply) including value-added tax, except for any special reference;

(2) As to the construction period from January 29, 2016 to September 25, 2016, a written subcontract agreement under the said written contract that stipulates the supply of and demand for construction works (hereinafter “instant contract for construction works”) shall be construed as “instant contract for construction works.”

(2) On the same day, the Plaintiff and the Defendant: (a) confirmed that the actual contract price of the said subcontract was KRW 1,078,00,000; and (b) entered into a special agreement that the Plaintiff would not file a claim for the difference; (c) on February 22, 2016, the Plaintiff and the Defendant entered into a subcontract agreement (hereinafter referred to as “the instant contract for construction project”) with the Defendant, setting the contract price of KRW 753,00,000 for the instant construction project and the instant construction project as KRW 1) from February 22, 2016 to August 31, 2016 for the supply of and demand for the instant construction project (hereinafter referred to as “the instant contract for construction project”). The Plaintiff and the instant contract for construction project under the instant contract and the instant contract for construction project are KRW 608,000,000 for each of the instant construction projects. The Plaintiff did not claim for the difference between the actual contract price and the instant contract for construction project.

B. On September 19, 2016, the Plaintiff and the Defendant drafted a modified contract with respect to each of the instant construction works, which changed the contract amount to KRW 1,083,00,000, and extends the construction period to September 25, 2016. On September 25, 2016, the Plaintiff and the Defendant drafted a modified contract with respect to the instant construction work by October 31, 2016. (2) On September 25, 2016, the Plaintiff and the Defendant drafted a modified contract with the content that the construction period of the instant construction work is extended to the construction period of the instant 1 work by October 31, 2016.