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(영문) 인천지방법원 2014.12.17 2014가합54010
공사대금
Text

1. The Defendant’s KRW 342,350,940 among the Plaintiff and KRW 339,420,560 among them, shall be from September 13, 2014 to December 17, 2014.

Reasons

Basic Facts

The Defendant (Co., Ltd.) concluded a construction contract between the Plaintiff and the Plaintiff, “F,” a company implementing a new construction work on the ground of 354mm2 in Nam-gu, Incheon, Nam-gu, and the Plaintiff, “F,” a policeman at early June 2012, with respect to the construction cost of earth and sand and home facilities during the said construction (hereinafter “instant construction”).

However, on August 25, 2012, the Defendant prepared a construction contract form (Evidence A3) with respect to the construction work of the instant case between the Defendant and Chye Construction Co., Ltd. (hereinafter “Chye Construction”) and Chye Construction Co., Ltd. (hereinafter “Chye Construction”), with a comprehensive construction business license, with a view to directly executing the construction work under the name of Chye Construction Co., Ltd. (hereinafter “Chye Construction”). On September 27, 2012, the Defendant drafted a construction contract form (Evidence A1) with a construction cost of KRW 286 million with respect to the instant construction work.

The Plaintiff started construction on June 7, 2012 and completed construction on October 30, 2012, but requested the Defendant to modify the subcontract including the damages for which the Defendant would not pay the construction cost, and the Defendant would not recover the household facilities installed at the construction site.

The defendant's joint representative director H (the joint representative resignation on April 8, 2013) entered into a modified contract to increase the construction cost of this case to KRW 347,300,000 (excluding added tax) between the plaintiff and the plaintiff on March 31, 2013 (hereinafter "the instant modified contract") and the contract (Evidence 6) (Evidence 14) that cannot be collected from the present construction to the expiration of the construction period due to the failure to pay the construction cost for H-BAM as of March 31, 2013, the damages for the POST-BEM shall be calculated as of March 31, 200 for three months and the damages for three months shall be calculated as of November 1, 2006 due to the failure to pay the construction cost for the STRUT and belt BEM.

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