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(영문) 서울중앙지방법원 2017.10.10 2016가단5302512
공사대금
Text

1. The Defendant’s KRW 50,931,638 as well as the Plaintiff’s KRW 6% per annum from June 17, 2017 to October 10, 2017.

Reasons

1. Basic facts

A. The plaintiff is a specialized construction company, and the defendant is a general construction company.

B. The following contract was concluded between the original and the Defendant.

On December 30, 2014, the Gangnam-gu Seoul Metropolitan Government C Educational and Research Facility Construction Project (hereinafter referred to as the “C Corporation”); the construction cost of KRW 517,00,000 (including value-added tax; hereinafter the same shall apply); thereafter, the construction period of KRW 57,50,000 has been increased to KRW 577,50; hereinafter the same shall apply); December 19, 2014 through June 10, 2015; and on October 19, 2015, the Seoul Seocho-gu D D D Business Facility Construction Project (hereinafter referred to as the “D”); the construction cost of KRW 440,00,000; the construction period of KRW 19-19, October 30, 2015; and the construction period of KRW 60-6,000,000 (hereinafter referred to as the “construction price”); and the construction price of KRW 60,500,605,016.7

The Plaintiff completed the instant construction work in June 2015, and was paid KRW 576,896,300, out of the construction cost of KRW 577,500,000 by the Defendant.

In addition, the Plaintiff was paid KRW 345,00,000 out of the construction cost of KRW 440,000,000, after completing February 2016.

On the other hand, the Plaintiff received construction cost of KRW 498,00,000,000 from the Defendant with respect to the instant E-work.

【Ground of recognition】 The fact that there is no dispute, Gap’s evidence 1-2, Gap’s evidence 2-5, Gap’s evidence 7 and 8, the purport of the whole pleadings

2. Determination

A. (1) According to the above facts as to C Corporation’s grounds for claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 603,700,00. (2) The Defendant’s assertion and determination as to the Plaintiff’s assertion that the Plaintiff is obligated to pay the Plaintiff the unpaid construction cost.) In executing the instant C Corporation, the design drawings include: (i) although the entire soil gate is constructed with walls, the design drawings of the Plaintiff are arbitrarily changed public construction methods; (ii) a part is constructed with CIP walls; and (iii) the remainder is constructed with soil gate, and accordingly, (iv) the design drawings are constructed with walls.

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