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(영문) 서울동부지방법원 2013.11.15 2012가단71764
공사대금
Text

1. The Defendant’s KRW 54,984,00 as well as 5% per annum from December 24, 2012 to November 15, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff supplied 4,403,320,00 won to the Defendant for the project for the arboretum mardo project (hereinafter “instant project”) from the Defendant and continued to perform the construction under each of the following contracts: “the first, second, and third contracts”; “the second, and third contracts”; and “the third works”.

The contract price was increased by 4,613,081,050 won, reflecting the design change during the construction process. (b) Incheon Metropolitan City, upon completion of the first and second construction works, performed a comprehensive audit of the instant construction works around June 201, and around September 201, notified the Defendant of the “written request for disposal as a result of the third audit” as follows (No. (1). (1) The Defendant paid an excessive amount of construction cost of KRW 53,420,00 to the Defendant on the ground of the following reasons: (a) although it was planned to transport 2 km from the site of an arboretum site to 2 km, it was planned to use 0.25 km in the aggregate, but it was planned to perform the construction of 15,019 square meters in the site of an arboretum to store 40 km and 7.6 km in the site of an arboretum site, but it was also planned to perform the construction of 15,019 square meters in the site of an arboretum to prevent the difference between the construction site and the construction site of an aggregate.

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