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(영문) 서울남부지방법원 2016.01.29 2014가합1127
공사대금
Text

1. The Defendant’s KRW 71,340,50 for the Plaintiff and KRW 6% per annum from January 3, 2014 to January 29, 2016, and the following.

Reasons

1. Basic facts

A. On March 6, 2012, the Defendant entered into a contract with the Korea Rural Community Corporation (hereinafter “the original contractor”) under which the UNFCCC removal work (hereinafter “instant construction work”) was set as contract for the construction cost of KRW 831,897,300 and the construction period from March 14, 2012 to December 15, 2012 (hereinafter “instant original contract”).

According to Section 1.1.1.(1) of the specifications applicable to the instant construction project, the PMF office (5858) among the instant construction works may be excluded from the future removal plan.

B. Around March 2012, the Plaintiff entered into a contract with the Defendant to accept all remaining construction works except for asbestos removal works among the instant construction works (including value-added tax) from the Defendant and the construction period from March 14, 2012 to December 15, 2012 (hereinafter “instant subcontract”).

C. During the process of the instant construction, the contractor excluded the building of the PMF office from the scope of removal, and accordingly, the contractor and the Defendant did not perform part of the removal work.

On May 29, 2012, the Defendant partially repaid the subcontract price to the Plaintiff, and paid the Plaintiff KRW 55 million for the instant subcontract price.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, Eul evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. The parties' assertion;

A. The Plaintiff and the Defendant agreed to reduce the construction cost of the instant subcontract from KRW 190 million (excluding value-added tax) to KRW 145 million (excluding value-added tax), taking into account the parts excluded from the instant construction project. Accordingly, the Plaintiff has already received the said amount.

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