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(영문) 대전지방법원천안지원 2017.09.01 2015가합1584
공사대금
Text

1. As to the Plaintiff KRW 69,208,591 and KRW 33,942,591 among them, the Defendant shall pay to the Plaintiff KRW 35,26,00 from June 20, 2015.

Reasons

1. Basic facts

A. On March 25, 2014, the Plaintiff entered into a contract with the Defendant for construction works of “B building” on the ground of Pyeongtaek-si A (hereinafter “instant construction works”) with respect to the said building (hereinafter “instant construction works”) with the following content:

[2] The term “instant contract” refers to the term “instant contract” and the term “instant contract” refers to the term “instant contract.” The instant contract is accompanied by the general terms and conditions (Evidence 2-2) of the standard contract for private construction works attached to the modified contract, which provide for the details of the instant contract (Evidence 1-2). The term “the general terms and conditions of the instant contract” refers to the term “the standard terms and conditions of the private construction works attached to the modified contract, which are set forth in subparagraph 1-2; hereinafter referred to as “the general terms and conditions of the instant contract”); the construction cost plus general administrative expenses, profits, value-added tax, and the construction cost amount of KRW 4,400,00,00, including the cost calculation statement of the construction cost and the cost calculation statement by type of work (Evidence 1-4, hereinafter referred to as “the instant construction contract specifications”).

- Date of commencement: May 2014 (based on the date of commencement): - February 2015 (10 months from the date of commencement of the office): - Construction cost of KRW 4,400,000 (including value-added tax; hereinafter the same shall apply): 440,000: - Payment for completed portion of KRW 1,70,000: 1,700,000 (payment in cash each month at a fair rate): 2,260,000,000 (payment in cash each month at a fair rate): 1/1000 per day: 2,000: 1/1000 per annum; interest rate of delayed payment;

B. The Defendant requested the head of Pyeongtaek-si around March 20, 2014 to construct the instant building, and the same year.

4. 25. A building permit was issued on May 17, 2014, and the Plaintiff commenced the instant construction work around May 17, 2014.

C. On November 24, 2014, the Plaintiff entered into a contract with the Defendant to modify the terms of the instant contract as follows.

In the above modified contract(A) the construction cost shall be general management expenses, and the construction cost shall be included.

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