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(영문) 서울중앙지방법원 2019.05.14 2017가단5067205
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 57,69,590 to the Plaintiff (Counterclaim Defendant) and its related amount from April 11, 2017 to May 14, 2019.

Reasons

1. Basic facts

(a) A stock company C (hereinafter referred to as “C”) was subcontracted from the Defendant, a stock company established for the purpose of construction business, etc. with reinforced concrete construction works (hereinafter referred to as “the entire construction works of this case”) among the construction works of new F Station buildings in Gangnam-gu and E in Seoul, Gangnam-gu (hereinafter referred to as “Seoul”), on August 18, 2015; the scheduled date of commencement; January 31, 2016; and 680,000,000 of the construction amount (excluding value-added tax)

(hereinafter referred to as “instant previous subcontract”). (b)

C discontinued the said construction, and on November 30, 2015, upon the settlement of accounts separately with the Defendant, received recognition of KRW 156,00,000 (excluding value-added tax) until then.

C. On December 21, 2015, the Plaintiff, a stock company established for the purpose of construction business, etc., was awarded a subcontract from the Defendant for the remaining part of the entire construction works in the instant case that C performed as above (hereinafter “instant construction works”), December 22, 2015 scheduled date of commencement, May 31, 2016 scheduled date of completion, and KRW 524,000,000 of the construction amount (excluding value-added tax).

(hereinafter “instant subcontract”). D. D.

The contents of the terms and conditions of the instant subcontract and the terms and conditions of the construction agreement are as follows.

Article 15 (Change of Contract Price due to Modification of Design) of the Terms and Conditions of the Contract for Construction Works shall not be changed.

In case of an increase in minor quantities of this construction, or in the event of an ex officio construction, the contract amount shall be within five percent (five percent)): Provided, That if there is an increase or decrease in the quantity of construction in the design at the request of the defendant A, it may be adjusted.

(2) If it is deemed that construction has been delayed due to any cause falling under any of the following subparagraphs, the number of days equivalent to the number of days concerned shall not be included in the number of days for delay:

1. Where it is caused by typhoon, flood, or other bad weather, war or incident, earthquake, fire, breadth, etc., the reform of harbor salary, preventive measures against epidemics, access to security, etc.;

2. The supply of the funded materials shall be delayed.

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