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(영문) 서울중앙지방법원 2014.08.13 2013가합15512
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 82,776,680 to the Defendant (Counterclaim Plaintiff) and its related amount from February 1, 201 to September 9, 2013.

Reasons

1. Circumstances leading to the dispute of this case;

A. A. Around August 2010, the Defendant was awarded a contract for the instant construction work (hereinafter “the instant construction work”) with the ELE A exhibition hall (hereinafter “the instant building”) from the ELES Co., Ltd. (hereinafter “ELS”).

At the time, the defendant and the ELS decided that the construction cost will be approximately KRW 400 million, and the accurate construction cost will be determined later.

B. Around October 2010, the Defendant subcontracted the part of the instant construction to the Plaintiff, excluding lighting, traffic, etc. (hereinafter “instant subcontract”), and the Plaintiff commenced the said construction around that time.

C. On October 11, 2010 with respect to the instant construction project, the Defendant and the ELS set up a written contract (No. 7-1) stating that the construction cost shall be KRW 425,470,000 for the instant construction project, and the said written contract (No. 7-1) shall be changed to KRW 441,670,000 for the construction cost on December 30, 2010, and a modified contract (No. 1) stating the above content shall be written (No. 1).

From October 15, 2010 to January 21, 2011, the Defendant paid to the Plaintiff KRW 247,000,000 as construction expenses under the instant subcontract agreement.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6 evidence, Eul evidence 1, witness B and C's testimony, the purport of the whole pleadings

2. Determination on the main claim

A. The parties’ assertion 1) The Defendant subcontracted the instant construction work to the Plaintiff in KRW 440,00,000, and the Plaintiff completed all of the instant construction work on January 31, 201. Nevertheless, the Defendant still does not pay the Plaintiff KRW 193,00,000 out of the construction cost. The Defendant is obligated to pay the Plaintiff the said KRW 193,000,000 and the damages for delay thereof. (2) The Defendant subcontracted part of the instant construction work to the Plaintiff, but the Plaintiff did not complete the instant construction work, and the Defendant was from January 201 to January 31, 2011.

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