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(영문) 서울남부지방법원 2014.07.24 2012가합4696
공사대금 등
Text

1. The Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Construction Co., Ltd. with KRW 155,754,630 as well as the Plaintiff’s counterclaim.

Reasons

1. Basic facts

A. 1) Defendant Multi-Family Construction Co., Ltd. (hereinafter “Defendant Multi-Family Construction”) entered into the instant subcontract agreement

2) The Defendant A.I.D. Association (hereinafter “Defendant A”) against the Defendant.

(2) the new construction of the Education Center and the Main Sub-section (hereinafter referred to as the “new construction of this case”).

(2) On August 12, 2008, the Plaintiff entered into a subcontract agreement with Defendant Multi-Family Construction and the part of the steel frame construction among the new construction of this case to be subcontracted from Defendant Multi-Family Construction on September 20, 2009, setting the construction cost of KRW 1,084,600,000, and the scheduled completion date of the construction, and started the said steel frame construction from around that time.

3) After that, the Plaintiff had repeated suspension and resumption of steel framed construction under the said subcontract agreement several times due to the financial reasons of the Defendants’ side, and thereafter, the Plaintiff and Defendant Daehan Construction concluded to alter the subcontract price and the scheduled completion date of the construction work around February 23, 2009 and October 2010 [the cost of the construction work under the said subcontract alteration agreement concluded around October 2010 shall be KRW 1,477,00,000 (However, the cost of the construction work shall be KRW 1,477,165,00 in terms of the changed specifications attached to the said contract) and the scheduled completion date shall be May 30, 2011.

[] The contract of this case was entered into (hereinafter the initial subcontract and the modified subcontract are collectively referred to as the “instant subcontract,” and the construction work under the instant subcontract is referred to as the “instant subcontract construction work.”

4) The contents of the instant subcontract agreement are as follows: (a) if Defendant Multi-Party Construction prepares a basic design drawings for the instant new construction project and delivers them to the Plaintiff, the Plaintiff, based on the relevant drawings, requests the calculation of the quantity of raw materials of the steel frame anticipated to be required for the instant subcontracted project; and (b) if Defendant Multi-Party Construction purchases and supplies the steel frame in the form of raw materials to the Plaintiff, the Plaintiff processes the steel frame in the form of raw materials so that it can be used for the construction project.

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