logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.23 2014가합59465
공사대금등
Text

1. The defendant,

A. It is the delivery of a warranty bond of KRW 61,700,000 or an amount equivalent to the same amount from the Plaintiff.

Reasons

1. Basic facts

A. On December 24, 2012, the Defendant received a contract from the Korea Land and Housing Corporation for two sections of Chuncheon scholarship B block apartment buildings, and entered into a subcontract with the Plaintiff on December 24, 2012, setting the construction cost of another construction project (hereinafter “instant construction project”) as KRW 1,232,683,254 (including value-added tax) and the construction period as from December 24, 2012 to September 28, 2013.

B. After that, on March 25, 2013, the Plaintiff and the Defendant concluded a modified contract under which the term of completion of the said subcontract was changed from September 28, 2013 to May 11, 2014; and on December 30, 2013 from KRW 1,232,683,254 to KRW 1,234,683,254 to KRW 1,254 (2,00,000) respectively.

(hereinafter referred to as the “instant subcontract”). C.

On April 2014, the Plaintiff completed construction work, and the Defendant paid all of the construction cost to the Plaintiff except KRW 34,001,854.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 8, 21, 41 (including branch numbers; hereinafter the same shall apply), Eul evidence 3, the purport of the whole pleadings

2. The Plaintiff’s assertion is liable to the Plaintiff to pay to the Plaintiff the Plaintiff the additional construction cost of KRW 34,01,854, ② the additional construction cost due to design modification; KRW 197,536,236; ③ the increase in the construction cost due to price fluctuation rate; ④ KRW 38,254,00; ④ additional expenses KRW 247,631,374; ⑤ waste disposal expense deduction amount of KRW 17,424,650; ⑤ waste disposal expense deduction amount of KRW 534,848,114; and delay damages therefrom.

3. Determination

A. Among the construction cost under the instant subcontract, the fact that the Defendant did not pay the unpaid amount of KRW 34,001,854 does not conflict between the parties, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 34,001,854, barring special circumstances.

2.3.

arrow