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(영문) 부산지방법원 2019.04.24 2018가합44797
하도급공사대금
Text

1. The Defendant’s KRW 576,672,649 for the Plaintiff and KRW 6% per annum from July 5, 2018 to April 24, 2019.

Reasons

1. Basic facts

A. The plaintiff is a company running a construction business outside of the building site construction business, and the defendant is a company running the construction business and the sales business. The defendant joining the defendant is a company running the construction business.

B. The Defendant and the Intervenor entered into a construction contract with the Defendant for a construction work with the content that the Defendant would build E accommodation on the land outside D and two parcels at Jeju, Jeju, and to India (hereinafter “instant new construction work”).

C. On March 13, 2017, the Plaintiff and the Defendant concluded the instant construction contract for construction works (hereinafter “the instant construction contract”) with the Plaintiff to complete the construction cost of KRW 2,530,000 (including value-added tax; hereinafter the same shall apply) from March 13, 2017 to October 27, 2017.

On May 26, 2017, the Plaintiff and the Defendant added “the 3 to 10th floor reinforcement works (each pipe and bees reinforcement works)” to “the 2,542,650,000 won from the 2,530,000 to the 2,542,650,000 won,” and concluded a modified contract on August 29, 2017, the said modified contract included “the 3 to 16th floor bottom reinforcement works (30 meters from the 3-16th floor bottom reinforcement works) construction works (the 2,542,650,000 won from the 2,542,650,000 to the 2,586,650,000 won from the 2,586,650,000 won and the 2,51,500,000 won from the value added tax (the 2,500,000 won).”

E. Around March 2018, the Plaintiff completed the instant interior works, and the Defendant filed an application for approval for use of the instant newly built works on March 15, 2018, and obtained approval for use on April 5, 2018.

F. The Plaintiff from the Defendant eight times from July 17, 2017 to February 27, 2018.

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