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(영문) 울산지방법원 2019.05.16 2019가합10541
공사대금
Text

1. As to the Plaintiff’s KRW 898,120,000 and KRW 112,500,00 among them, the Defendant shall pay to the Plaintiff KRW 495,00,00.

Reasons

1. Indication of the request (personal part);

(a) On May 18, 2016, the Plaintiff entered into a contract for construction works related to additional reinforced soil retaining walls (hereinafter referred to as “instant contract for construction works”) with the Defendant; (i) the construction cost of the additional reinforced soil retaining walls (soil works) during C works; (ii) KRW 1,579,60,000; and (iii) the completion plan for construction works on October 30, 2016 (hereinafter referred to as “instant contract for construction works”).

However, on October 30, 2016, the parties agreed to extend the construction cost of the instant contract to KRW 1,497,100,000 and the scheduled date of completion of the instant contract by March 30, 2017. 2) The Plaintiff completed construction in accordance with the instant contract, and the Defendant paid KRW 70,000,000 to the Defendant on May 30, 2016, under the name of the contract price and the remainder of the construction cost, ② KRW 495,00,000 on December 31, 2016, ③ KRW 232,10,000,000 on December 15, 2017, the Defendant claimed KRW 00,000 on a total of KRW 143,50,000,000 on August 14, 2016, 07; however, the Defendant paid the Plaintiff KRW 10,005,70,700.7.7

B. On December 1, 2017, the Plaintiff entered into a contract with the Defendant for a retaining wall construction (joint container construction) on a parking lot site; the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant, setting the retaining wall construction (joint container) from the Defendant as construction cost of KRW 58,520,00 and the scheduled completion date of construction works on January 30, 2018; and the Plaintiff entered into a contract for construction works (hereinafter “instant contract”).

2) The Plaintiff filed a claim for KRW 42,90,000 on December 15, 2017, and KRW 15,620,00 on January 21, 2018, but the Defendant did not pay the construction cost.

C. Accordingly, the Defendant’s lawsuit against the Plaintiff: (a) KRW 898,120,00 for the total amount of construction payment due under the instant contract for the first and second works in question (=(1,497,100,000 won - KRW 58,520,500)); and (b) KRW 112,50,000 for the said amount (i.e., KRW 770,000 - KRW 657,500,000 - KRW 657,50,000), as claimed by the Plaintiff, after the date of the claim for construction payment, as claimed by the Plaintiff.

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