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(영문) 서울중앙지방법원 2016.11.09 2014가단129381
추가공사대금
Text

1. As to KRW 31,825,355 among the Plaintiff (Counterclaim Defendant) and KRW 1,949,316 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) on February 1, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On May 31, 2013, the Plaintiff entered into a construction contract with the Defendant to receive a contract for the construction of the Gangnam-gu Seoul Metropolitan Government Ground Building Construction Project (hereinafter “instant construction contract”) from the Defendant (hereinafter “instant construction contract”). The main contents are as follows.

The warranty period of KRW 1,403,600,000 (including additional tax) for the construction contract amount of 2 years from June 1, 2013 to November 30, 2013 (six months after commencement of works)

B. After that, until November 24, 2013, the Plaintiff entered into a modified contract on November 27, 2013 with respect to the instant construction work (hereinafter “instant modification contract”) under the status of receiving a total of KRW 1,050,000,000 from the Defendant, and the amended main contents are as follows.

A contractor: The contractor: The defendant's trade in U.S. and U.S. Co., Ltd. (Provided, That in this case, the plaintiff and the defendant do not dispute that the contractor will be the defendant). The total contract amount: 1,403,60,000 won (including additional tax) to 1,469,60,000 won (including additional tax): The contract amount of 66,00,000 won): The contract period shall be extended from June 1, 2013 to December 31, 2013 to 419,60,600,000 won from the last day of each month to January 31, 2014, the remainder shall be paid by the payment terms of 20,000,000 won until January 31, 2014.

C. After that, the Plaintiff completed the instant construction, and the Defendant did not pay the Plaintiff KRW 19,600,000 out of the total construction balance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of the recognition of the claim for the unpaid construction cost, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 19,600,000 and damages for delay from February 1, 2014 to the date of full payment, which is the day following the date of the agreement on the payment of the unpaid construction cost.

(b) argument one claim for additional construction costs;

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