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(영문) 수원지방법원안양지원 2014.11.26 2014가단9128
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 November 4, 2011, the Defendant entered into a contract with Hoho T&C Co., Ltd. (e.g., that its trade name was changed to “Sho Lake Construction Co., Ltd.”; hereinafter “Sho Lake Construction”), setting the total amount of KRW 3,685,00,000 (including value-added tax) for the construction of a cutting factory, security control factory, and factory in the Defendant factory complex located in 744-80 YY-si, Chungcheongnamnam-si, Chungcheongnam-si (hereinafter “instant construction”), and the date of completion as of December 31, 2011.

B. The Plaintiff was awarded a subcontract for the instant electrical construction among the instant construction works from the Hoho Comprehensive Construction.

C. Since then, the Defendant and Hoho Construction increased the amount of the instant construction and entered into a modified contract under which the completion date will be delayed (hereinafter “instant modified contract”) several times.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The Plaintiff asserts that the Defendant did not pay KRW 49,00,000 to the Plaintiff even if the Plaintiff completed the construction by directly requesting the Plaintiff to perform an additional construction work for the modification of the design of the instant construction, while concluding a modified contract on the additional construction for the modification of the design of the instant construction.

In light of the above facts, the Plaintiff was awarded a subcontract for electrical construction among the instant construction works from Hoho General Construction, and according to the written evidence Nos. 3, 5, and 8, the Plaintiff submitted a estimate for additional construction to Hoho General Construction, the Plaintiff agreed with Hoho General Construction with respect to the payment of increased construction cost, and the total construction cost due to the modification of design, including the additional construction cost, was all received from the Defendant, and in full view of these facts, the Defendant and Hoho General Construction included the modification of the Plaintiff’s electrical construction at the time of entering into the instant contract.

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