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(영문) 대구지방법원안동지원 2015.04.08 2013가단6032
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2013, the Plaintiff entered into a contract with the Defendant to newly construct a warehouse on the ground B at the same time in the East Sea.

Among the contracts (Evidence A(Evidence A(3)) written at the time, the contents relating to this case are as follows:

(hereinafter referred to as “instant construction project,” “instant construction contract,” and “instant contract,” 1. The owner: C representative A (Defendant)

2. Construction name: New construction of warehouse B;

3. The construction site: B at the same time in the same year;

4. Commencement of a construction period: The contract price on July 31, 2013: KRW 280,000 (280,000,000) for the daily gold sale on July 35, 2013.

(a) Value of supply: KRW 280,000,000 ( KRW 280,000); and

(b) Additional tax: A separate tax;

(c) Total amount:

6. Payment and adjustment of the price: The owner of a building shall make the payment of the price as follows in order to ensure the smooth construction work:

(b) The first intermediate payment: The date on which civil engineering works commence after removal works (50 percent of the contract amount);

(c) Second intermediate payments: Before the steel framed works in warehouses and the establishment of committees (30% of the contract amount);

(d) Balance: Adjustment of cash payment (10%) and design change (2) after completion of construction, and (1) design change (Defendant) are related to the construction work (hereinafter “related construction work”) in order to facilitate the contracted construction work.

) If the adjustment with the Plaintiff is necessary, the period of construction, details of the construction, contract amount, etc. of this construction may be modified after consultation with the Plaintiff.

(2) Where any ground for design change arises, a detailed statement shall be prepared in writing and agreed with the project owner to modify, increase, or decrease the construction completion.

B. The Plaintiff performed the instant construction work according to the instant contract, and the Defendant paid a total of KRW 252,00,000 to the Plaintiff six times from April 12, 2013 to June 14, 2013.

C. Meanwhile, around July 2013, the Plaintiff and the Defendant asserted the payment of the additional construction cost for the modified portion, and the Plaintiff.

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