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(영문) 부산고등법원 (창원) 2018.06.28 2017나23175
공사대금
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. From November 2013, the Plaintiff was in charge of assembling blocks with the Defendant’s intra-company cooperation company.

B. Samsung Heavy Industries Co., Ltd. (hereinafter “Tsung Heavy Industries”) contracted the Defendant with construction related to offshore plant called “inex Ichythys Dtil,” and the Defendant, on January 29, 2014, set the unit price for each of the above construction work “SKMT-GBSC-D2014-11” to the Plaintiff during the construction work, for a unit price of KRW 1,070,000 per manuty, and for a construction period from January 29, 2014 to October 7, 2014, the Defendant contracted for construction related to the aforementioned construction work to the Plaintiff (SKMT-GBS-C-D2014-12).

(hereinafter referred to as “each of the instant construction works” in this case, which the Defendant contracted to the Plaintiff.

The Plaintiff completed each of the instant construction works around November 2014.

Around August 9, 2014, the Plaintiff requested the Defendant to settle the additional construction cost in total as indicated in the “Plaintiff’s Request” column as follows on the ground that “In the process of performing each of the instant construction works, the Plaintiff added the additional construction work in accordance with the design change of Samsung Heavy Industries, and the surface of the steel plates ( steel files), the raw materials of which the Samsung Heavy Industries paid to the Plaintiff, was corrosioned and engaged in thought work.”

After its review, the Defendant requested the settlement of the price for Samsung Heavy Industries on January 22, 2015 as stated in the “Defendant’s Review” column as follows: 23,709M/H (i.e., 19,365M/H 4,344M/H). Of them, the part finally recognized by Samsung Heavy Heavy Industries is as listed in the “Recognition Heavy Industries Recognition” column as follows:

1) Diven design modifications (hereinafter referred to as the “Diven design parts”)

) The Defendant’s review 1DP11-DPS CAS PADE internal material SNIP cutting 468 1,1250 2 DP11-DPS TR 2,8922,910 2,910 720 3 DPS CCR CCR CRCRMM 4688 1,1250 2,8922,910 720 720 3 DPS CCR CRM.

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