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1. The Defendant’s KRW 87,731,325 for the Plaintiff and KRW 5% per annum from April 30, 2014 to May 8, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that engages in metal processing and pipeline construction, etc., and the Defendant is a corporation that engages in electrical construction business, etc.
B. The Defendant was awarded a contract for the construction of the P9 M2 Utile pipeline among the construction of the ELDP factory newly constructed at 1007 Libye-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “Sibb
Ⅱ The name of subcontracted works for special engineers: P2 M2 UT pipeline construction terms: the terms and conditions of adjusting the quantities according to the quantity of construction works: The settlement time: The settlement is based on the completion of the settlement of accounts at the ordering place in the absence of any separate consultation; 3. Estimate and settlement terms;
3. Settlement Criteria - Settlement Standards - The WELDING and the establishment of rooms shall be WTING, the amount of GSS settlement shall not exceed the amount of GSS settlement, and the basis documents shall be prepared and submitted by the company concerned.
C. Around March 2013, the Defendant subcontracted the instant construction to the Plaintiff at KRW 660,00,000 (excluding value-added tax; hereinafter the same shall apply) for N2, CDA, PCW, IW, CW, and PV pipeline construction (hereinafter “instant construction”) during the said construction. The terms and conditions of settlement depending on the quantity of the executory construction, but the matters that were not necessary and omitted among the construction works under Article 10 Subparag. 4 of the Agreement are deemed to be included in the construction cost and the adjustment was decided not to be made when not more than 5/10 is less than 5/100.
The Plaintiff completed all contracted construction works, such as construction works according to the pipeline drawings originally provided pursuant to the instant construction contract, and construction works following modification of design drawings on several occasions, as well as construction works following modification of design drawings.
[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings
2. As to the claim for construction price
A. 1) Party’s assertion (this case’s construction project is a contract subject to settlement according to actual construction quantity, and the construction volume and price from the time of the initial contract.