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(영문) 광주지방법원 2020.09.24 2018가합58962
토공사대금
Text

1. As to KRW 72,716,455 and KRW 58,50,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 14,216,455.

Reasons

1. Basic facts

A. The Plaintiff (formerly: Limited Company B) is a company established to carry on construction business, civil engineering business, mid-term contract, and rental business, and the Defendant is a company established to carry on steel reinforced concrete construction business, soil construction business, etc.

B. On December 2017, the Plaintiff entered into a contract with D Co., Ltd. under which the Defendant would accept part of the earth and its appurtenant works (hereinafter “instant construction”) among the “E (hereinafter “E”) construction works newly constructed by D Co., Ltd. (hereinafter “instant construction works”) (i.e., KRW 423,168,530, and KRW 108,50,000, and value-added tax separately) (hereinafter “instant contract”), and the main contents thereof are as follows.

On the other hand, the above construction cost is the amount determined by deducting the total of KRW 447,700,000 from the soil construction cost, which the plaintiff takes out earth and rocks.

Article 1 (Name of Construction) of the Agreement on Participation in Saturdays shall be limited to Saturdays among new E projects.

Article 3 (Period of Agreement) The period of removal from earth and sand on October 20, 2017 - January 30, 2018

The period of release of cryrance cancer and cryrance cancer shall be February 1, 2018 - April 20, 2018.

Article 4 (Payment of Contract Price, etc.) The conditions of approval for the construction project shall apply, and it shall be paid within ten days after receipt from the construction project.

Article 9 (Payment Materials, etc.) The payment by the defendant shall be made, and the equipment costs and personnel expenses shall be paid at a higher level and the settlement key after completion of construction shall be made after completion of construction.

Article 11 (Submission, etc. of Documents) The defendant shall collect and keep data (the photograph, invoice, document) according to the process, and shall submit them at the time of a request for authentication or at the time of request of the ordering authority.

다. 1) 원고는 2018. 1. 10.경 피고에게 잔토처리 공사 중 상품 가치가 없는 뻘흙이 많이 나온다는 이유로 공사비 증액을 요구하였고, 이에 피고는 원고에게 토사(매립토, 풍화토) 10,000㎥에 해당하는 공사비 8,000,000원을 공제하지 않기로 하였다. 2) 그 후 원고가 2018. 1....

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