logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.13 2014가단509862
공사대금
Text

1. The Defendant’s KRW 25,153,00 and the Plaintiff’s annual rate of KRW 5% from January 1, 2014 to October 13, 2016, and the following.

Reasons

1. Basic facts

A. On September 30, 2013, the Plaintiff entered into a contract with the Defendant to perform the following construction works, under a contract with the Defendant for the “Building Work for Extension of Residential Living Facilities B in the Aged Population” (hereinafter “instant construction”).

Construction period: From October 7, 2013 to November 25, 2013: Where a contract for construction cost of KRW 198,00,000 (including value-added tax) is revoked or terminated, the contract bond paid shall revert to the defendant.

(Article 5(1) of the Contract. Where the execution of construction is delayed due to reasons not attributable to the Plaintiff, such as a natural disaster, force majeure event, imbalance in the supply and demand of raw materials, etc., the Plaintiff may request the Defendant to extend the construction period in writing.

(Article 17(1)(b) of the Contract.

On November 25, 2013, the Plaintiff and the Defendant entered into a contract to modify the construction work to extend the construction work of this case to the construction period on December 31, 2013 without changing the contract price due to the delay of the relocation of existing occupants and the change of the civil engineering work.

C. The Defendant paid to the Plaintiff a total of KRW 150 million ( KRW 60 million on October 18, 2013, KRW 70 million on November 22, 2013, KRW 270 million on December 27, 2013, KRW 144 million on December 27, 2013, and KRW 6 million on December 24, 2013).

On December 31, 2013, the Plaintiff notified the Defendant of the extension of the claim for increased construction cost and the construction period. However, on January 2, 2014, the Plaintiff notified the termination on the ground that the construction was not completed by December 31, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-1, 2, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion: (a) The Plaintiff shall pay KRW 29,122,200 remaining after deducting KRW 150,400,000 which was already paid out of KRW 179,522,200, excluding the costs of electrical construction, etc. for which part of the instant construction was not performed; and (b) the modification of the design relating to retaining walls of the Defendant during the instant construction.

arrow