(영문) 서울중앙지방법원 2016.01.14 2014가단5226874

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(영문) 서울중앙지방법원 2016.01.14 2014가단5226874

공사대금

Text

1. The Defendant: (a) KRW 45,00,000 for the Plaintiff and 6% per annum from January 11, 2012 to January 14, 2016; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On June 14, 2011, the Plaintiff entered into a subcontract for construction works with the Defendant as follows:

(hereinafter referred to as the “instant contract for construction works” and the landscaping construction under the said contract is referred to as the “instant construction works”. The name of the Defendant prime contractor: The name of the subcontracted construction works: the name of the Incheon Southern-gu B construction period: the extension on June 1, 201.

6. The contract amount between August 20, 201 and October 30, 201: 173,000,000 won (general conditions)

1. Settlement: In principle, the settlement of accounts shall be made on the basis of the contract quantity, and/or an increase or decrease by up to /5 per cent, in principle, the contract amount shall not be adjusted, and unless there is any change in the contract or the type of work due to a design change, the subcontract price and the additional type of work shall not be approved.

B. On November 2, 2011, the Plaintiff completed landscaping construction under the instant construction contract, and received KRW 128,000,000 from the Defendant as the construction price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff was liable for additional construction costs by reflecting the Defendant’s requirements for design change, and that the total construction costs settled after the completion of the construction are KRW 186,152,228. The Plaintiff claimed that the Defendant paid the remainder of the construction costs (the total construction cost of KRW 186,152,228 - the fixed construction cost of KRW 128,00,000).

B. On the premise that the construction cost under the instant construction contract was settled at KRW 186,152,228 between the Defendant and the Defendant, there is no evidence to acknowledge that the said assertion had been settled between the Defendant and the Defendant after the instant construction contract was concluded.

[Defendant] A lawsuit filed against the Defendant prior to the instant case (Seoul Central District Court.)

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