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(영문) 부산지방법원 2020.07.08 2020가합40231
공사대금
Text

1. As to the Plaintiff KRW 210,079,380 and its KRW 187,277,129, the Defendant shall start from September 28, 2018, and the remainder 22,802.

Reasons

1. Basic facts

가. 원고는 토목건축공사업 등을 목적으로 설립된 법인이고, 피고는 건축공사업 등을 목적으로 설립된 법인이다.

B. On July 10, 2017, the Plaintiff and the Defendant entered into a subcontract for construction works with the purport that the steel bars and concrete construction works (hereinafter “instant construction works”) among the construction works for the construction of the building for main complex on the south-gu Busan Metropolitan City (hereinafter “instant construction site”) shall be paid within the construction period from October 1, 2017 to June 30, 2018 (the construction cost shall be KRW 1,250,000 (in the absence of separate entry of value-added tax and separate entry of value-added tax, the same shall apply hereinafter), and within the fifteen (15) days of each month (hereinafter “instant primary construction contract”).

C. On January 3, 2018, the Plaintiff and the Defendant agreed to adjust the existing construction cost to KRW 699,600,000, and entered into an amendment agreement with the purport that the construction cost should be increased if the quantity is added later (hereinafter “instant secondary construction contract”). The actual construction cost was KRW 849,60,000,000, added the said amount to KRW 150,000,000.

(hereinafter “The third construction contract of this case” is referred to as “the third construction contract of this case,” and when referring to the entire construction contract of this case 1 through 3, hereinafter “the instant construction contract”).

The Plaintiff commenced the instant construction project on December 4, 2017, but the Defendant did not pay the progress payment on April 2018, and subsequently suspended the instant construction project on May 12, 2018. Accordingly, the Plaintiff resumed the instant construction project on May 28, 2018 on the ground that the Defendant requested D to calculate water ditches around May 18, 2018.

E. On July 13, 2018, the Plaintiff suspended the instant construction project on the grounds of the Defendant’s manipulation in calculating the quantity requested and the unpaid construction cost. The Defendant notified the Plaintiff that the instant construction contract was cancelled on July 17, 2018 on the ground that the Plaintiff unilaterally suspended the construction work despite the Plaintiff’s payment of the construction cost.

(f).

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