(영문) 광주지방법원 순천지원 2018.01.10 2016가합11708

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(영문) 광주지방법원 순천지원 2018.01.10 2016가합11708

공사대금

Text

1. The Defendant’s KRW 71,034,690 for the Plaintiff and KRW 5% per annum from January 26, 2016 to January 10, 2018.

Reasons

. The following facts may be recognized:

① The Plaintiff asserted that the construction cost has increased due to the modification of design of the instant building construction, and demanded the Defendant to pay KRW 1,503,000,000 (a separate value-added tax for the amount of the previous construction contract, the increase of KRW 33,000,000 compared to the amount of the previous construction contract), but did not comply with the Defendant, the Plaintiff again demanded KRW 1,410,000 (a separate value-added tax for the increase of KRW 240,000,000 compared to the amount of the previous construction contract, and on November 13, 2015, the Plaintiff demanded that “the construction cost should be increased to KRW 1,250,000 (a separate tax for the previous construction contract amount, the increase of KRW 80,00,000,000 compared to the amount of the previous construction contract, and the portion related to the five-story housing and the interior finishing construction of the office should be agreed separately.”

② On November 15, 2015, G, the agent of the Plaintiff and the Defendant, drafted a letter of performance of the consultation as follows (hereinafter “instant letter of performance”) with respect to the construction of the instant building:

* Consultation Elimination of Implementation*

1. On November 12, 2015, the Plaintiff shall complete the building without an increase or decrease in its contract price of KRW 1,170,000,00 (Additional Tax Map) as stated in the design change approval drawings (Additional Tax Map).

2. Where a building is completed by January 11, 2016 and such building is completed, delayed compensation arising from the delay in accordance with the contract shall be collected from the construction cost and the balance shall be paid.

Compensation for losses shall be paid by the City Corporation for the delay under the promise of occupancy of tenants.

3. All materials required for construction shall be KS and equivalent thereto and shall be constructed after obtaining approval for use of the product from the owner.

4. Where a project owner files a lawsuit against the safety management of the site and the civil petition in the surrounding areas, he/she shall immediately treat the case and take measures in advance by the project owner and pay the price after the construction works are performed.

5. If the above matters are not observed, the trial work shall be replaced at will of the owner, and the legal responsibilities and losses shall be borne by the plaintiff of the trial work;

6. All the above.

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