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(영문) 부산지방법원 2015.11.25 2014가합4104
공사대금
Text

1. The Defendant’s KRW 158,208,80 for the Plaintiff and 6% per annum from January 27, 2014 to November 25, 2015.

Reasons

1. Basic facts

A. On December 15, 201, the Defendant concluded the instant contract with the Plaintiff on December 15, 201, setting the contract amount of KRW 4,279,74,000, and the construction period from December 21, 201 to December 20, 201, for the first phase of the project to create the first phase of the project to create the first phase of the project to create the Han-dong 24 Busan Shipping Daegu (hereinafter “instant project”).

(hereinafter “instant contract”). (b)

After the amendment of the instant contract, the Plaintiff and the Defendant concluded a contract to modify the instant construction contract, as indicated below, and finally increased the contract amount to KRW 5,647,850,000, and extended the deadline for completion until December 31, 2013.

(1) Each contract set forth in the table 1 and 3 is referred to as “the instant contract for the extension of the second construction period,” and each contract set forth in the table 2 and 4 is referred to as “the instant contract for the extension of the first and second construction period.” Serial 4,279,74,000 extended the first construction period on July 26, 2013, extended on December 28, 2013, extended on December 26, 2013 to the amount of the increased or decreased contract amount (the original contract) as of the date of completion of the agreement for the date of completion of the contract (the date of completion of the contract). The design change set forth in the table 2 and 4 is referred to as “the instant contract for the extension of the first and second construction period,” and on July 26, 2013:

C. The Plaintiff, including the completion of the instant construction, completed the instant construction on December 31, 2013, and received the final payment for the instant construction on January 27, 2014.

(1) On January 20, 2014, the Plaintiff submitted a written application for the adjustment of the contract amount to the Defendant on January 20, 2014, prior to receiving the said final payment, along with the written report on the adjustment of the contract amount, stating that “A ground for the adjustment of the contract amount due to price fluctuation or any other modification to the terms and conditions of the contract occurs, and reflect the same report after reviewing the mis

(2) Accordingly, on January 24, 2014, the Defendant applied the modified processing rate to the Plaintiff for the adjustment of the contract amount due to price fluctuation.

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