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(영문) 수원지방법원 2018.05.31 2016가단1195
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 30, 2015, the Defendant concluded a contract with the Plaintiff on July 30, 2015, setting the supply price of “D building construction” on the ground of Suwon-si C (hereinafter “instant construction”) at KRW 350 million (including value added tax, KRW 385 million), July 30, 2015; the date of commencement; the date of completion; September 25, 2015; and the date of completion at the expected completion date at KRW 3/1,000 per day.

(hereinafter “instant construction contract”).

B. On September 2, 2015, the Plaintiff and the Defendant agreed to reduce the construction cost equivalent to KRW 31 million by the Defendant’s direct decision, and to change the scheduled date of completion to October 7, 2015.

- The plaintiff must complete the completion on the completion date, and if the completion date ( October 12, 2015) is not possible, the plaintiff gives up the construction right without delay and compensate for the defendant's damages incurred therefrom.

- When the Plaintiff renounces the construction as above, it shall transfer all the authority pertaining to the construction to the Defendant, and the construction cost shall be deducted from the total construction cost to the amount of the construction cost not completed.

- As above, the Plaintiff should take measures so that the Plaintiff may continue the construction without a certain time gap in the situation where the Plaintiff renounces the construction.

- When the Plaintiff renounces the construction as above, the Plaintiff shall immediately withdraw the equipment owned by the Plaintiff at the construction site on the day following the date on which the reasons arise.

If the defendant does not accept it, it is possible to proceed with the collection and storage without the plaintiff's consent for the smooth progress of construction, and in this case, the expenses incurred in the storage may be claimed against the plaintiff.

C. On September 11, 2015, the Plaintiff and the Defendant agreed to include the construction work, such as “the establishment of the 3rd floor of the building in the instant construction project” in the construction project, and to increase the construction cost of KRW 12.7 million, and to change the scheduled date of completion into October 12, 2015.

In addition, the plaintiff and the defendant are as follows.

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