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(영문) 수원지방법원 2015.04.10 2013가합10737
공사대금
Text

1. The Plaintiff:

A. Defendant B’s KRW 92,927,867 as well as 5% per annum from July 4, 2013 to April 10, 2015.

Reasons

1. Basic facts

A. Defendant B entered into a contract with Defendant C for the construction of a multi-family house with three-story reinforced concrete (hereinafter “instant construction”) on the ground of the 2,695 square meters in Tong-si, Tong-si (25 square meters in G field, 11 square meters in H field, 1,193 square meters in I field, and J 55 square meters in total of the land before and after division; hereinafter “instant land”). On December 19, 201, Defendant B entered into a contract with Defendant C for the construction of a multi-family house with three-story reinforced concrete (hereinafter “instant construction”). On May 31, 201, the said construction was subcontracted to the Plaintiff with the construction cost of KRW 790 million in total (excluding value-added tax) and the construction completion period of the construction work, respectively, on May 31, 2012.

(hereinafter “instant construction contract”). B.

In the course of the Plaintiff’s progress under the construction contract, additional and modified construction works were required, unlike the initial estimate. Accordingly, the Plaintiff and Defendant C, the subcontractor, agreed on April 3, 2012, as follows, in relation to the instant construction works.

1. Changho Lake: To be constructed in the same manner as the products of the dry and dry processing enterprise (the same as the products);

- Changho Lakes (160,00,000 won), single room, excluding the flusium, - Each room and the flusium shall be paid from the owner directly to the owner.

- The difference between the original and the value of a literature (5,000,000) shall be additionally borne by the defendant C.

2. Heating: The installation of air heat shall be deleted; and

- - The air-conditioning system;

(products are subsequently selected) . - Ongoing boilers shall be settled separately.

-the floor heating of the upper boiler room and the floor heating of the second floor following the restaurant of the first floor shall be added to the accounts;

3. A funding plan (construction cost) - During the end of April: Defendant B (100 million to KRW 150 million) -

5.20.Before: Defendant C will prepare for progress payment.

(10 million to 150 million won) - The amount of funds shall be paid after completion as required by the Fund.

4. The cost of materials from among the parts added to the estimate shall be borne by Defendant C, and the other parts shall be settled by Defendant B.

C. After that, the Plaintiff and Defendant C agreed on June 11, 2012 to bear the burden of Defendant C according to the agreement on April 3, 2012.

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