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(영문) 부산지방법원 2018.08.23 2016가단35754
공사대금
Text

1. The Defendant’s KRW 8,500,000 as well as 6% per annum from June 28, 2016 to August 23, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

(1) The Plaintiff is a company engaged in the unclaimed, waterproof, lighting, and painting construction, and the Defendant is a company engaged in interior and outdoor construction works.

B. The Defendant was awarded a contract for the Human Data Service (hereinafter “the instant Human Data Service”) with the Rotterdam Corporation (hereinafter “the instant Human Data Service”). The Defendant was awarded a contract for the Human Data Service (hereinafter “the instant Human Data Service”).

Secondly, the Defendant: (a) around November 2015, entered into a subcontract with the Plaintiff; (b) around 80,000,000 won (excluding value-added tax); and (c) during the construction period from December 19, 2015 to December 31, 2015; and (b) around May 2015, the other part of the instant Training Institute (hereinafter referred to as the “other part of the Training Institute”) was subcontracted to the Plaintiff at KRW 115,00,000 for the construction cost.

x. On April 1, 2016, the instant test and training institute had been approved by the competent authority for the use of the pertinent test and training institute after the completion of all of the instant test and test work.

(v) On the other hand, around June 2015, the Plaintiff received subcontract from the Defendant for each of the new construction works of D and E located in Geumcheon-gu Seoul Metropolitan Government (hereinafter “Dl and E”) at KRW 22,00,000 for each construction work cost and completed all of the other construction work.

[Ground of recognition] Facts without dispute, Gap evidence 9-1, 2, and Gap evidence 14, witness F's testimony, witness G's witness G's partial testimony, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff, on February 24, 2016, entered into a modified contract with the Defendant for the increase of KRW 72,000,000 to KRW 152,00,000 (value added tax). Although the Plaintiff completed all of the construction works under the modified contract, the Defendant shall pay KRW 50,000,000 among the construction works under the modified contract to the Plaintiff.

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