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(영문) 광주지방법원 2016.05.25 2015가단515818
추가공사대금 및 자재대금 청구
Text

1. As to the money of KRW 16,917,920 to Plaintiff A, and the money of KRW 23,216,120 to Plaintiff C, the Defendant, and each other, shall be paid to Plaintiff C.

Reasons

1. Facts of recognition;

A. Around April 2014, 2014, Komatia Co., Ltd. contracted to the Defendant for the cost of KRW 769,000,000 for fire-fighting facility works among new construction works B. Of fire-fighting facility works, KRW 202,485,691 (excluding value-added tax) was determined as costs for materials and labor in the automated fire detection facility works.

B. On May 28, 2014, the Defendant: (a) ordered to subcontract the instant automated fire detection facility project (hereinafter “instant project”); and (b) subcontracted the supply of materials to the Plaintiff A to the Plaintiff KRW 119,680,000 (including value-added tax); and (c) subcontracted the price of electric fire-fighting pipe and cable work to the Plaintiff’s forest to KRW 95,480,000 (including value-added tax).

C. According to the subcontract between the plaintiffs and the defendant, the price shall be paid on the end of the following month after delivery, and the price adjustment and payment following the design change shall be adjusted according to the contents and proportion of the contract within 30 days from the date when the order was adjusted by the project owner, and the warranty liability period was agreed to submit the warranty bond after the payment by the plaintiffs in full.

During the process of the instant construction, the Plaintiffs presented a detailed statement of additional construction works to the Defendant, including the instant additional construction works, as the PUL BOX installation (hereinafter “instant additional construction works”). On January 23, 2015, the Defendant entered into a contract with Roya Co., Ltd. to change the contract amount to KRW 840,000,000 with the amount of KRW 71,000,000,000, around January 23, 2015. As to the instant additional construction works, the amount of material cost of KRW 12,744,473, labor cost of KRW 21,105,564 ( separate value-added tax), as presented by the Plaintiffs, was increased and reflected.

E. The Plaintiffs completed the instant principal construction and additional construction around March 2015, and around April 2015, the Defendant entered into an agreement on the settlement of accounts at KRW 840,00,000 after deducting pension contributions, etc. from the price of KRW 840,00,00 according to the change agreement with the Korea Development Bank Co., Ltd.., Ltd., and the portion of material costs and labor costs.

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