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(영문) 창원지방법원 2013.10.31 2012가합6240
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,083,415 and a rate of KRW 20% per annum from February 8, 2013 to the date of complete payment.

Reasons

1. Basic facts

A. The status of the parties 1) South Korea Co., Ltd. (hereinafter “Nam”)

(2) On June 29, 2010, the Defendant received a new construction contract for accommodation facilities (MVL hotel) for the EXPO 32-15, and four parcels of land located outside the territory of the company, as a corporation for the purpose of indoor construction business, and as a corporation for the purpose of performing civil engineering construction business on October 17, 2012.

B. On April 13, 2011, the Defendant offered a bid for interior works among the foregoing new construction works. A total of six companies, including South and North, participated in the first bidding, and gave up the contract with the Defendant, but the third companies, including South and North, have given up the contract with the Defendant at the lowest price. Since then, in the second bidding where the three companies including South and North participated, public venture companies were awarded the contract with the Defendant at the lowest price, and finally waived the contract with the Defendant, the Defendant entered into a contract for construction works between the South and the South who participated at the second bidding at the second bidding at the second bidding price without undergoing any further bidding, and the Defendant entered into a contract for construction works between the Defendant and the North on May 13, 2011 in the form of a negotiated contract between the Defendant and the North who participated in the second bidding at the second bidding at the second bidding price. From September 30, 2011 to September 30, 2011, the contract for construction works and the amount of value-added tax (including KRW 2,300,700.

(hereinafter “instant construction contract”). C.

The original construction scope of the instant construction contract for the instant construction project was the construction works for the interior of guest rooms, the interior of guest rooms and corridor from the third to the 15th floor of the hotel, and the ceiling and walls for the joint use area from the first to the third floor. However, the Defendant from July 2011 to the south of the instant construction works, ① the installation works for the interior of guest rooms and guest rooms and corridor from the 16th floor of the said hotel, and ② the installation works for the interior of guest rooms and corridor.

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