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(영문) 인천지방법원 2017.11.21 2016가합55086
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 579,200,000 to the Plaintiff (Counterclaim Defendant).

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established for the purpose of the construction business, etc., and the Defendant is a company established for the purpose of the primary precision-type and shooting.

B. On September 25, 2015, the Plaintiff entered into a construction contract with the Defendant for the construction of a new site C (hereinafter “instant factory”) at KRW 2,850,000 (excluding value-added tax; hereinafter the same shall apply) and the construction period from October 5, 2015 to February 29, 2016 (hereinafter “instant contract”) and commenced construction around that time.

C. Upon completing the construction of the instant factory, the Defendant obtained approval from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu from the head of May 31, 2016 for the use of the instant factory.

On June 15, 2016, the Plaintiff agreed with the Defendant to change the construction cost to KRW 3,232,000,000 in connection with the new construction of the instant plant (hereinafter “instant agreement on the increase of the construction cost”) and drafted a written contract with the same content.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. As to the main claim

A. According to the agreement on the increase in the construction cost of this case’s assertion, the construction cost of this case was changed to KRW 3,232,000,000, according to the agreement on the increase in the construction cost of this case, and the Plaintiff completed the new construction work of this case by implementing additional construction work equivalent to KRW 249,000,000 as a result

Therefore, the Defendant is obliged to pay the Plaintiff the additional construction cost of KRW 3,829,100,000 for the construction cost of KRW 3,232,00,000 due to the instant increase agreement (value 348,100,000 value-added tax of KRW 248,100 for the additional construction cost due to the modification of design of KRW 3,232,00,000 for the construction cost of KRW 3,441,00 for the construction cost of KRW 348,10,000 for the remainder of KRW 1,38,100

B. One question is about the amount of construction cost to be paid by the Defendant to the Plaintiff, and the Plaintiff is between the Defendant and the Defendant.

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