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(영문) 광주지방법원목포지원 2019.04.17 2018가단50599
공사대금
Text

1. The Defendant: KRW 47,696,36 of the Plaintiff and KRW 3.46% per annum from September 14, 2017 to February 12, 2018; and

Reasons

1. Facts of recognition;

A. On January 3, 2017, the Defendant: (a) ordered the Plaintiff (mutual stock company B before the change) to construct a gas station in the Jeonnam-gun D D; and (b) concluded each contract for construction works with the interest rate of KRW 253,400,00 for hazardous substances construction works; (c) the construction period from January 3, 2017 to April 30, 2017; and (d) the construction period of KRW 495,50,000 for construction and civil works; and (e) the construction period of KRW 495,50,00 for construction works; and (e) the construction period of each construction contract with the interest rate of KRW 1/100 for delay from January 3, 2017 to April 30, 2017;

(hereinafter “each of the instant contracts”. Construction of gas stations, which is the objective thereof, shall be referred to as “the instant construction,” and each part of the construction works shall be referred to as “Dangerous Goods Construction” or “Construction and Civil Works” (hereinafter “Construction and Civil Works”).

On February 6, 2017, the Plaintiff entered into a modified contract and requested the Defendant to suspend the instant construction work on the grounds that it could not concurrently carry out hazardous materials construction works and construction and civil engineering works due to safety reasons.

On May 3, 2017, the Plaintiff and the Defendant entered into a contract for each of the changes determined as follows: (i) the construction cost for hazardous substances works; (ii) the construction period from January 3, 2017 to August 30, 2017; (iii) the installation of access roads to gas stations; (iv) sewage culvert construction works; (v) the installation of sewage conduits; (v) the construction cost for road crepits and fire-maintenance works; (v) the reinforcement of retaining walls; (v) the reinforcement of retaining walls; (v) the additional construction works around gas stations; and (v) the construction period from January 3, 2017 to August 30, 2017; and (v) the construction cost for construction and civil works; and (v) the construction period from January 3, 2017 through August 30, 2017 to August 30, 2017.

(hereinafter referred to as “each of the instant changes”). C.

The Plaintiff completed the instant construction and paid the construction cost on July 16, 2017, and completed the instant construction and completed the completion inspection on August 30, 2017, and delivered a gas station which is the object of the instant construction to the Defendant.

Accordingly, the defendant shall pay the plaintiff the construction cost of the hazardous materials construction cost of KRW 260,810,000.

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