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(영문) 서울중앙지방법원 2013.11.08 2011가합127916
공사대금
Text

1. The Defendants’ respective Plaintiff KRW 278,573,691 as well as 6% per annum from August 22, 2013 to November 8, 2013.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is the contractor of the construction works replacing the total of two of the old air waste steam boiler boilers (hereinafter “instant construction works”) in the business place of the Defendant KWS Co., Ltd. (hereinafter “Defendant K”), which is located in Sinsi-si, Sinsi-dong 1235-7. The business operator running the waste disposal business, who is the owner of the instant construction works for energy saving, and the Defendant Energy Management Technology Co., Ltd. (hereinafter “Defendant Energy Management Technology Co., Ltd.”) re-subcontracts the instant construction works to the Plaintiff upon receiving a contract from Defendant K, and the Plaintiff’s assistant re-subcontracts the instant construction works from the Plaintiff.

B. On July 9, 2010, Defendant K and Defendant Energy Management Technology Agreement Korea CoCoCo service Korea Co., Ltd. (the later trade name was changed to Defendant KK; hereinafter the same shall apply) concluded a contract with Defendant Energy Management Technology for construction costs of KRW 9,470,00,00 (excluding value added tax) and the construction period from July 15, 2010 to February 28, 2013.

C. Defendant Energy Management Technology and Plaintiff’s subcontract 1) Defendant Energy Management Technology and Energy Management Technology (hereinafter “instant subcontract”) determined on July 13, 201 as the construction cost of the instant construction work and the period from July 15, 2010 to February 28, 201 (hereinafter “instant subcontract”).

(2) The Defendant Energy Management Technology and the Plaintiff changed the construction period of the instant subcontract from July 15, 2010 to May 31, 2011.

3) The general terms and conditions of the instant subcontract in relation to the instant case are as follows: Article 12 of the General Conditions of the Subcontract [Supplementary Works] ① “A” (the Defendant Energy Management Technology]

) “B” (the Plaintiff refers to the Plaintiff).

Any construction works which are in conformity with design documents.

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