beta
Text
1. Of the instant lawsuits, the part of the claim for KRW 31,590,000 and damages for delay shall be dismissed.
2. The defendant.
Reasons
1. Facts of premise;
A. On April 16, 2012, the Plaintiff received a subcontract from the Defendant for a reinforced concrete construction work (hereinafter “construction work at the Cultural Heritage University”) among the construction works for the development of Yangju Campus at the Yanwon National University of Arts (a building, machinery, and septic tank) at the Yanwon National University (hereinafter “construction works at the Cultural Heritage University”) from the Defendant during the period from April 16, 201 to August 30, 2012, respectively.
(2) On November 3, 2012, the Plaintiff and the Defendant entered into a contract to modify the term of completion by December 31, 2012, respectively.
B. On June 12, 2012, the Plaintiff received a subcontract with the Defendant for reinforced concrete construction works (hereinafter “this thousand logistics center construction”) among the construction works of Echeon-si, Macheon-si, Hocheon-si (05-1, 2, 3 block), which was contracted by the Defendant from Young-si Trade Co., Ltd., by setting the construction cost of KRW 116,50,000 and the construction period of KRW 1,116,50,000, from June 13, 2012 to September 30, 2012, respectively, as one-third,00 of the daily contract price per the number of delayed days.
(2) On November 2, 2012, the Plaintiff and the Defendant concluded a contract to modify the term of completion by November 15, 2012, respectively, on the following grounds: (a) the construction cost under the subcontract agreement of the Leecheon Logistics Center as KRW 1,171,50,000; and (b) the term of completion by November 15, 2012.
C. After that, the Plaintiff completed the construction of the Arts University around September 2012, and the construction of the Leecheon Logistics Center around December 2012.
[Ground of Recognition] Facts without dispute, Gap evidence 2-1, 2-3-1, 2-2, Gap evidence 10-1, 2-2, Gap evidence 4-1 through 3, Gap evidence 5-1 to 5-4, witness Gap's testimony, and the purport of whole pleadings
2. The 31,590,000 won among the instant lawsuit and the damages for delay thereof are lawful, ex officio, and when there exists a seizure and collection order for the claim, performance against the garnishee.