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(영문) 부산지방법원 2020.11.03 2020가단2010
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with each objective of the soil construction business, etc., and the Defendants are civil engineering and construction business.

B. The Ministry of Oceans and Fisheries (Jurisdiction: the Busan Regional Maritime Affairs and Fisheries Construction Office) contracted the Defendants with the construction of the Youngdo Coastal Maintenance Project for the members of the Gando National University of the Busan National University. The Defendants, around March 2018, set the construction cost of the 2,333,210,000 construction cost of the above construction work and the construction period from March 29, 2018 to September 10, 2019 (hereinafter “the subcontract in this case”).

C. On November 25, 2019, the Plaintiff and the Defendants completed the instant subcontract construction. Around November 25, 2019, the Plaintiff and the Defendants agreed to adjust the instant subcontract construction cost to KRW 95,370,000, out of the construction cost due to the reduction of KRW 95,370,000 among the construction cost due to occupational safety and health management expenses, environmental management expenses, and insurance premium settlement.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff performed the additional construction work at the request of the Defendants in addition to the subcontracted construction work of this case, as described in the separate sheet of Additional Construction Works. The amount is KRW 37,400,000.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 37,400,000 for the instant additional construction cost and damages for delay.

3. The contractor has an agreement between the contractor and the contractor that the contractor should pay the additional construction or modification work cost, including the increased contract price, in addition to the execution of the additional construction or modification work not included in the contract, in order to claim the additional construction cost against the contractor in addition to the contract price set forth in the contract, unless there are special circumstances.

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