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(영문) 대전지방법원 2017.08.31 2016나113342
공사대금
Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

Basic Facts

The plaintiff is a corporation established for the purpose of building works and real estate development business.

On May 6, 2015, the Plaintiff concluded a contract for construction work (hereinafter “instant construction contract”) with the Defendants on May 7, 2015 with respect to the construction of the new construction of Pyeongtaek-si ground neighborhood living facilities (hereinafter “instant building”) (hereinafter “instant construction work”) on May 7, 2015; the contract amount of KRW 120,000,000 on July 10, 2015 on the date of completion; the contract amount of KRW 30,000,000 on the shipment of steel materials; KRW 30,000,000 on the shipment of steel materials; KRW 40,00,000 on the completion of the approval for use; and KRW 20,00,000 on the completion of the construction work; and KRW 3/1,000 on the daily basis on the rate of liquidated damages (hereinafter “instant construction contract”).

Since then, on July 15, 2015, the Plaintiff and the Defendants concluded a contract for construction revision (hereinafter “instant modified contract”) with the content that the date of completion under the instant construction contract is extended to August 10, 2015, and the construction cost is included in KRW 172,80,000 at the time of initial contract, KRW 30,000 at the time of carrying steel materials, KRW 40,000 at the time of completion of steel frame work, KRW 52,800,000 at the time of completion of the printing department work, KRW 20,000 at the time of completion of approval for use, and stipulated that the said construction cost is included in waste disposal expenses under the contract (hereinafter “instant modified contract”).

The Plaintiff continued the instant construction from May 7, 2015 to September 23, 2015. The Defendants obtained approval for the use of the instant building on September 23, 2015.

On the other hand, on November 3, 2015, the Plaintiff paid KRW 748,00 (including value-added tax) to our Development Co., Ltd. (hereinafter “Korea Development”) on behalf of the Defendants.

The Plaintiff, while carrying out the instant construction project, disposed of the wastes generated in the course of the instant construction project (hereinafter “instant wastes”) by taking expenses of KRW 29,648,850 (including value-added tax) during the period from May 14, 2015 to June 15, 2015.

The Defendants amounting to the Plaintiff KRW 30,000,000 on May 7, 2015, as the instant construction cost.

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