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(영문) 청주지방법원 2021.02.05 2018가합4816
공사대금
Text

Of the instant lawsuit, the part of the claim for confirmation of voting rights is dismissed.

The plaintiff's rehabilitation debtor B Co., Ltd.

Reasons

. recognized.

According to the above facts of recognition, the rehabilitation company is obligated to pay 40,306,00 won, among the total amount of 50,243,000 won increased due to price fluctuations accrued to the Plaintiff (i.e., the total amount of 1,200 won increased 74,852,00 won - the already paid increased amount of 24,609,000 won).

The plaintiff's claim for this part is justified.

(d)

The plaintiff asserts that the plaintiff and the rehabilitation company agreed to apply the cost calculation ratio to 5% of indirect labor costs, 2% of other expenses, 3% of general management expenses, and 3% of profits, unlike the subcontract agreement when concluding the contract for the construction of this case, the above items should be increased according to the ratio when the construction cost of this case increases due to the modified contract.

In light of the purport of the construction contract concluded between the plaintiff and the rehabilitation company (Evidence No. 6-3 of the evidence), the plaintiff's above assertion is against the fact that the cost calculation ratio under the contract between the plaintiff and the rehabilitation company is stated as indirect labor cost * 9.4%, *5.20%, *5.20% of general labor cost *4.60%, *4.60% of general management cost, * 9.759129% of profits (general labor cost) * 9.759129%. The plaintiff asserted that there was no oral agreement on the cost calculation ratio for each item claimed by the plaintiff on January 2, 2019. In light of the above, there is no evidence to acknowledge that there was a specific indirect labor cost, etc. at the time of filing the lawsuit, the plaintiff argued as above while changing the purport of the claim and the cause of the claim, and there is no evidence to prove there was no oral agreement on the above contents. The plaintiff'

E. According to the conclusion of the lawsuit, the debtor company's obligation to the plaintiff is about 261,447,00 won [21,141,00 won [21,306,00 won due to price fluctuations] and the promotion of the lawsuit, etc. from May 1, 2018 to February 5, 2021, which is the date of this decision, from May 1, 2018, which is the date of the completion of the lawsuit, and from the following day to the date of full payment.

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