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(영문) 대전지방법원천안지원 2016.10.21 2015가합101590
양수금
Text

1. The Defendant’s KRW 23,284,00 as well as the Plaintiff’s KRW 5% per annum from June 25, 2015 to October 21, 2016, and the following.

Reasons

1. Basic facts

A. On February 24, 2014, the Plaintiff entered into a contract for construction works (hereinafter “instant construction contract”) with the Defendant, under the name of the Multiururry Construction Co., Ltd. (hereinafter “Nury Construction”), under which the term of completion of the construction work for the construction of the Asi Factory Building of “B” (hereinafter “instant building”) operated by the Defendant (hereinafter “instant construction work”) was set at August 31, 2014; and the construction cost was set at KRW 1.1 billion (excluding value-added tax).

B. On the date when the instant construction contract was concluded between the Plaintiff and the Multisurfy, a written subcontract agreement was made between the Plaintiff and the Plaintiff for construction works, with the term of completion of the general construction works among the instant construction works, set at December 31, 2014, and the construction cost at KRW 115 million (including value-added tax).

C. The instant building was completed on December 19, 2014.

【Reasons for Recognition】 Each description of evidence Nos. 1, 2, and 4 (including branch numbers for those with more than one number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff took the form of accepting a subcontract for the instant construction project from the Plaintiff Multiurfy, in fact the Plaintiff concluded the instant construction contract directly with the Defendant under the name of Multiurfy, and completed the instant building.

The construction cost under the instant construction contract was KRW 1.1 billion (excluding value-added tax), but the additional determined construction cost was additionally required for the construction cost during the construction project, and the total construction cost was KRW 1.29,984,00 (excluding value-added tax) agreed with the defendant as additional construction cost, and the additional construction cost was KRW 9,9840,000 (excluding value-added tax).

The Defendant’s frequent demand for change of design led to the period of completion of the instant construction until December 31, 2014. While the Plaintiff completed the instant building before the said period, the Plaintiff is limited to KRW 1,429,824,00, out of the total construction cost of KRW 129,984,00 (= KRW 129,984,000), the Plaintiff’s total construction cost of KRW 129,984,00,000.

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