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(영문) 수원지방법원 안산지원 2018.01.19 2017가단2755
공사대금 등
Text

1. The Defendant’s KRW 47,505,00 for the Plaintiff and KRW 5% per annum from March 3, 2017 to January 19, 2018.

Reasons

1. Basic facts

A. On September 7, 2016, the Plaintiff entered into a contract with the Defendant for the construction of the HACC facilities (hereinafter “instant construction”) at a factory located in the Gyeonggi-si, Gyeonggi-do, and set the construction cost at KRW 415,800,000, when concluding the contract with the Defendant.

B. The Defendant paid KRW 399,480,000 to the Plaintiff as the price of the instant construction project from November 16, 2016 to January 2, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff alleged that the construction work of this case was added to the details of the Do which the plaintiff performed the construction work of this case, and agreed with the defendant to increase the construction cost of KRW 33,00,000,000. Since the plaintiff completed the construction work of this case, the defendant is obligated to pay the remaining construction cost of KRW 49,320,000 and delay damages.

B. In full view of each of the statements in Gap evidence Nos. 5, 6, 12, and 20 (including the serial number) as a whole, the plaintiff was issued a guaranty insurance policy to perform the instant construction work on or before December 30, 2016 and delivered it to the defendant. The plaintiff completed the instant construction work including the changed matter as the following changes were changed during the construction process of the instant construction work. The plaintiff requested the defendant to increase the construction price of KRW 38,402,857, which added 11,40,000 to the labor cost of T.A.B. labor cost of KRW 38,402,857, around January 23, 2017, it is recognized that the plaintiff agreed to increase the construction price of KRW 33,00,000,000 between the defendant and the defendant:

The orderer -1,250,00 Won -1,250,000 Won -2,250,000 Won -2,739,000 Won -2,17,170,000 Won -2,170,000 Won - 4,02,026,00

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