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(영문) 대구지방법원 2013.12.12 2012가합40916
공사대금
Text

1. The Defendant: KRW 571,939,519 for the Plaintiff and KRW 6% per annum from March 27, 2012 to December 12, 2013; and

Reasons

1. Basic facts

A. The defendant was awarded a contract for a development project of underground space for letter parking lots in the vicinity of Daegu Suwon-gu Quaker A

(hereinafter referred to as the “instant prime subcontract”). On September 14, 2010, the Defendant concluded a subcontract with respect to the Plaintiff and the parts of machinery and equipment (including fire fighting) among the said development projects (hereinafter “instant subcontracted projects”) as follows (hereinafter “instant subcontract”).

Since then, the contract was entered into as follows.

(2) Around September 14, 201, no change was made from September 14, 201 to May 31, 2011; or from August 4, 2011 to August 4, 201, no change was made on September 14, 201 to May 31, 201, when the first subcontract was made during the construction period as of September 27, 2010 to August 4, 201, when the two changes were made only during the construction period.

B. Around May 10, 201, Quaker Quaker Co., Ltd., the execution company of the instant prime contract, changed the design for the salesroom of the CGV film museum and sales facility. On July 201, 201, the Defendant requested the KGV Co., Ltd. to increase the construction price of the instant subcontracted works in KRW 3,200,083,802 due to the change of the CGV design.

C. On July 27, 2011, the Plaintiff and the Defendant entered into the instant amendment contract, and at the time of the conclusion of the said contract, the Defendant and the Quaker Qua, did not reach an increase agreement on the portion of the instant subcontracted contract.

The Plaintiff completed the subcontracted project in this case pursuant to the instant subcontract and each modification contract, and the approval for the temporary use of each of the instant subcontracting projects on the development projects for underground spaces of letter parking lots and parking lots B, including the instant subcontracted project, from the head of Daegu-gu head of the Gu, on August 18, 201 and August 31, 201, respectively, was granted to the Plaintiff.

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