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(영문) 광주지방법원 2015.03.11 2013가단46011
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 8, 9, 13, Gap evidence No. 2-1, 2, Gap evidence No. 3, 4, and 7, Gap evidence Nos. 10-2 through 5, 7 through 12, 17 through 20, 24, 26, Eul evidence Nos. 1 and 2; Eul evidence Nos. 1 and 2; Eul evidence Nos. 1, 2, and 3.

The defendant's supply of and demand for the Dayang-ro Corporation Corporation 1) The defendant is a social corporation E on July 26, 2012 (hereinafter referred to as "E").

(B) The Doyangwon Corporation (hereinafter referred to as the “instant prime contract”) located in Yong-Nam-gun F in Yong-gun, Jeonnam-gun, which is a support project for Young-gun.

(2) Around August 8, 2012, the Defendant was appointed G as a field agent of the said original contract on the following grounds: (a) the payment was determined as KRW 762,867,00, and the due date for completion was determined as January 31, 2013; and (b) the construction was commenced on or around August 1, 2012.

B. On October 12, 2012, the Plaintiff entered into a subcontract for the instant construction project and the first modified contract with the Plaintiff (hereinafter “instant construction project”) with the Defendant on or around October 12, 2012.

(2) On January 31, 2013, the Plaintiff and the Defendant drafted the first modified contract with the content that the time limit for completion of the instant construction was changed to March 31, 2013, by 132,00,000 won (including value-added tax) and January 31, 2013.

C. On April 11, 2013, the Defendant concluded a contract with E to increase the construction cost of the said original contract to KRW 867,967,00 and to extend the completion date to April 23, 2013. (2) On April 21, 2013, the Defendant completed the instant original contract and submitted the completion date to E.

On April 22, 2013, the day following the completion date of the instant construction project, the Plaintiff submitted a written estimate stating KRW 177,546,000 to G to the Defendant’s on-site agent based on a change in the contract of the said original construction project. 2) G submitted the said written estimate to the Defendant around that time.

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