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(영문) 서울중앙지방법원 2015.09.24 2013가합558453
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 250,63,051 and interest rate of KRW 20% per annum from April 27, 2012 to the day of full payment.

Reasons

1. Basic facts

A. 1) Conclusion of a contract between Samsung Engineering Co., Ltd. and the Defendant (hereinafter “T&T”) and Samsung Engineering Co., Ltd. (hereinafter “T&T”) that received a contract for the project from Samsung Engineering Co., Ltd. (hereinafter “T&T”)

(1) On November 11, 2008, Defendant (mutual name before merger: Kusan Construction Co., Ltd.; hereinafter “Gusan Construction Co., Ltd. before merger”) refers to “Gusan Construction”.

) Each of the above projects subcontracted the construction period of multi-purpose construction and installation works (including value-added tax) to the Plaintiff as the contract amount of KRW 27,671,270,000 (hereinafter “instant contract”). From November 11, 2008 to June 30, 201, the contract amount of KRW 27,671,270,000 (hereinafter “instant contract”).

(2) Following the conclusion of the instant contract, Samsung Engineering and the Defendant concluded each of the instant contract changes, as indicated below. On April 11, 201, when the former Construction was merged with the Defendant and dissolved on April 11, 2011, the part that had already been completed construction prior to the merger (amounting to KRW 21,045,090,000) was separate from the content of the instant contract, and concluded each of the changes agreements, which was set as KRW 9,15,619,00 from May 21, 201 to February 26, 2012, based on the said contract amount.

Ultimately, the total construction cost of the instant contract concluded between Samsung Engineering and the Defendant is KRW 3,979,061,60 in total of KRW 12,93,973,971,60 in the amount of KRW 21,045,09,000 prior to the merger (i.e., the contract amount of KRW 27,671,270 on June 30, 2011, 208, which was the date of completion of the first contract for the contract for the classification of KRW 21,045,090 (the first contract for the alteration of the original contents prior to the merger), and the increased contract amount of KRW 30,872,050 in the amount of KRW 30,00 on May 30, 209, 30,87,000,000 on June 30, 208, 2006; and (ii) the increased contract amount of KRW 36,00536,000.

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