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(영문) 서울서부지방법원 2018.11.23 2016가단21998
공사대금
Text

1. The Defendant’s KRW 40,584,172 with respect to the Plaintiff and KRW 5% per annum from July 22, 2015 to November 23, 2018.

Reasons

1. Basic facts

A. On July 1, 2014, the Plaintiff entered into a contract for construction works with the Defendant, setting the construction cost of KRW 812,50,000, and the construction period from July 14, 2014 to August 29, 2014, with the content that the Plaintiff was awarded a contract for construction works with the Defendant for the construction cost of KRW 812,50,000, and the construction cost of KRW 812,50,000 in the underground floor, ground 2, and third story of the building in Gangseo-

(E) On June 23, 2014, the construction contract was concluded between F Company G and the Plaintiff, which operated the “E”, but on June 24, 2014, the Defendant succeeded to the F status and entered into a new contract as of July 1, 2014 (hereinafter “instant contract”). (B)

The Plaintiff and the Defendant set out the terms of a special agreement that priority applies to the general contract provisions of the instant contract, which are relevant to the instant case as follows.

2.The scope of this interior project shall be as follows:

- - The total of 3 stories (except for simple kitchens) - the total of 2 stories (except for a simple kitchen, a calculating room, a water tank, a slope room) - the total of 1 storys (except for a kitchen), the total of 1 storys - the cleaning room after completion of the work (the inside of the building);

3.The projects excluded from the above scope of the project are:

- Fire Equipment Construction - Special Lighting/ Sound Equipment Construction - Stacking/heating/heat Construction - Damplas Construction - Damplass Construction - Ireland/ibreging Construction, Water Control and Unclaimed Construction

4. The plaintiff and the defendant shall consult on the construction scope of the above paragraphs 2 and 3 in the internship method, and the plaintiff shall not demand an increase in the contract amount for the above construction scope, on the condition that they do not negotiate on the estimated amount submitted.

5. The construction supervisor designated by the Defendant may, in accordance with the specifications and investment schedules, make a reasonable demand to the Plaintiff for the said scope of construction, and the Plaintiff must comply with the request without delay.

C. The Plaintiff’s “E” building, including the construction stipulated in the instant contract, by August 2014.

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