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(영문) 부산지방법원 2021.01.28 2020가단326112
공사대금
Text

1. As to KRW 31,097,610 among the plaintiffs and KRW 17,251,890 among them, the defendant shall start from December 21, 2018 to July 16, 2020.

Reasons

1. Basic facts

A. On November 10, 2015, the Defendant, via the Public Procurement Service, concluded a contract for “C construction works” (hereinafter “instant construction works”) with the Plaintiffs (hereinafter “instant construction works”) on a contractual basis as the contract price of KRW 7,115,412,429 on the date of commencement, November 13, 2015, the date of completion, April 30, 2018 (hereinafter “instant contract”). Since then, the contract price was KRW 7,858,980,00, and the date of completion was finally changed on June 14, 2018.

B. On April 29, 2016, the Plaintiffs entered into a subcontract with D Co., Ltd. (hereinafter “D”) for the construction of steel bars and steel structure (hereinafter “subcontract”) during the instant construction work, with the construction cost of KRW 2,009,70,000, and with the construction period from April 29, 2016 to April 30, 2018 (hereinafter “instant subcontract”), and thereafter the said construction cost was finally changed to KRW 3,173,000,000.

(c)

D The Plaintiffs notified D on May 18, 2018 that the instant subcontract was terminated on May 21, 2018, when it was anticipated that the construction could not be completed until the scheduled completion date due to the lack of construction capacity, etc., although the subcontracted construction was commenced, it was anticipated that the Plaintiff would not complete the instant subcontract. The said notification reached D on May 21, 2018.

(d)

Since then, the Plaintiffs directly performed the subcontracted construction in the instant case that D continued, and completed the instant construction work on June 14, 2018, and requested the Defendant to complete the completion inspection.

On June 21, 2018, the defendant conducted a completion inspection through E Co., Ltd., and notified the plaintiffs to supplement the points pointed out and request the completion inspection again.

On July 16, 2018, the Plaintiffs supplemented the pointed out and requested a new completion inspection to the Defendant. On July 18, 2018, the Defendant prepared a completion inspection protocol that conducted the completion inspection and completed all of the instant construction works.

E. Meanwhile, F is based on the authentic copy of the protocol of mediation with executory power over the case involving the use price for the Changwon District Court 2018 A. 926 A. 201, 890 won as to D.

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