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(영문) 광주지방법원목포지원 2016.05.19 2015가합10337
공사대금
Text

1. The Defendant’s KRW 80,643,00 for the Plaintiff and 6% per annum from November 2, 2013 to March 10, 2016.

Reasons

1. Facts of recognition;

A. On August 24, 2009, the Plaintiff entered into a contract with the Defendant for the new construction of Lonedo Passenger Terminal (hereinafter “instant construction”) for the total construction cost of KRW 4,704,105,00, and the total construction period from August 28, 2009 to August 27, 2011. The Plaintiff divided the instant construction into five parts, with the order of a separate construction contract for each part.

Therefore, on August 24, 2009, the Plaintiff and the Defendant concluded a separate construction contract with the construction cost of KRW 913,828,000 and the construction period from August 28, 2009 to February 23, 2010. The Plaintiff commenced the first part of the instant construction contract on August 28, 2009.

B. On December 14, 2009, the Enforcement Decree of the Harbor Act was amended by Presidential Decree No. 21882 on December 14, 2009, and the authority for the implementation, management, etc. of harbor works was delegated to the Mayor/Do governor with respect to local management items, such as Seodo. Accordingly, Jeonnam-do commenced the management and supervision of the instant

C. On December 28, 2009, the Plaintiff and Jeonnam-do concluded a modified contract with the purport of reducing the construction amount of the construction contract to KRW 422,233,000 for the first portion of the instant construction project. On February 23, 2010, the Plaintiff and Jeonnam-do concluded a modified contract with the purport of extending the completion date of the said first portion to April 9, 2010.

On April 9, 2010, the Plaintiff completed the first part of the instant construction work.

On July 23, 2010, the Plaintiff entered into a contract for a construction project with respect to the second portion of the instant construction project with the Jeonnam-do during the construction period from July 28, 2010 to March 18, 201, and entered into the said contract with the construction cost of 2,210,049,380 won, and the construction period of 2,000 won.

E. However, from May 6, 2010 to May 20, 2010 under the Ministry of Land, Transport and Maritime Affairs under the Defendant’s control, the audit of the instant construction works is conducted and the secondary passenger terminal part corresponding to the second passenger terminal part of the instant construction works is deemed unnecessary on August 26, 2010, and the audit results purporting to reorganize the construction scale.

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