(영문) 의정부지방법원 2017.01.12 2015가합52357

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(영문) 의정부지방법원 2017.01.12 2015가합52357

공사대금

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1. The Defendant’s KRW 168,626,672 as well as 5% per annum from January 13, 2015 to January 12, 2017 to the Plaintiff.

Reasons

1. Presumed factual basis

A. On April 3, 2013, the Plaintiff entered into the instant contract with the Defendant and A (hereinafter “instant contract”) with regard to each of the instant construction works (hereinafter “instant construction works”), with the term “Defendant, contractor, Plaintiff, and construction period from April 5, 2013 to October 1, 2013, and the construction cost of KRW 3,765,765,200 (including value-added tax)” (hereinafter “instant contract”).

After the conclusion of the instant contract, the Plaintiff and the Defendant modified the terms of the instant contract as indicated below.

2. On October 1, 2013, 201: (a) the first ground for the change of the contract date (the original contract date) of the completion date of the construction works; (b) the period of the construction works; (c) the period of the construction works; and (d) the period of the construction works; (d) the period of the construction works; and (d) the period of the construction works; and (e) the period of the construction works; and (e) the period of the construction works; and (e) the period of the construction works; (e) the period of the construction works; and (e) the period of the construction works; and (e) the period of the construction works; and (e) the period of the construction works; and (e) the period of the construction works; and (e) the period of the construction works; and (e) the period of the construction works, etc. of the construction works; and (e) the period of the construction works, etc. of the construction works; and (e) the period of the construction works;

B. On December 15, 2014, the Plaintiff, including the claim for the adjustment of the contract amount, requested the Defendant to adjust the contract amount due to extension of the construction period, along with “the details of calculation of additional indirect costs due to extension and suspension of the construction period,” etc., but the Defendant rejected the Plaintiff’s claim for

C. On January 13, 2015, the Plaintiff received the completion of the instant construction and the completion price, and delivered the facility completed to the Defendant.

On February 12, 2015, the Plaintiff received the final completion price for the instant construction work from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 to 8, 22 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of the claim

A. While the Plaintiff’s assertion 1 had been doing construction work under the instant contract, the Plaintiff made an additional construction work, such as B, at the Defendant’s order.

The defendant shall pay 125,00,000 won for additional construction works to the plaintiff and shall apply to the plaintiff.

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