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(영문) 서울동부지방법원 2012.11.02 2012가합7364
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,08,041 as well as 20% per annum from May 26, 2012 to the day of full payment.

Reasons

1. The following facts do not conflict between the parties, or can be found in full view of Gap evidence Nos. 1 to 5, Eul evidence No. 5-1, 2, Eul evidence No. 6, Eul evidence No. 6, witness Eul's testimony and the whole purport of the pleadings.

On August 19, 2010, the Plaintiff (former: Authorized Construction Co., Ltd.) and the Defendant concluded a contract for construction works with the contract amount of 1.265 billion won (including value-added tax) and the construction period from August 25, 2010 to November 25, 2010, for the construction works of the ginseng processing factory and specialty sales center (hereinafter “factory building,” and the exhibition hall building,” “exploiting operation”).

(hereinafter “instant construction contract”). B.

The general terms and conditions of the standard contract for private construction works attached to the contract of this case include the following contents:

3) A contract shall be made in accordance with a written estimate for the calculation of the design volume. At the time of objection, the Plaintiff and the Defendant’s side agree on the verification of a supervisor (D) residing at the site site B) and then change the increase or decrease of the construction cost arising from the design change. (c) The Plaintiff, upon the Defendant’s request, was performing the instant construction project, suspended the construction under the condition that the foundation work was conducted, and continued the construction work only for the factory building. (d) The Plaintiff and the Defendant limited the construction work regarding the instant construction contract to the factory building project on December 8, 2010. The contract amount is KRW 1.59 billion, the construction period is KRW 1.59 billion, and the construction period is from August 25, 2010 to December 21, 2010 (Evidence A4; hereinafter “instant change contract”).

was drawn up.

E. The Plaintiff completed the new construction work of factory operation on December 21, 2010.

2. According to the above facts of determination as to the cause of the claim, the plaintiff completed the construction work of this case by being awarded a contract by the defendant, and the plaintiff and the defendant.

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