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Reasons
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(영문) 수원지방법원 2018.11.08 2017가합2192
공사대금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 17, 2016, the Plaintiff received a subcontract from the Defendant during the construction period of KRW 2,343,00,000 (including value-added tax; hereinafter the same shall apply) and the construction period from May 17, 2016 to November 30, 2016, respectively.

(1) The following facts are as follows: (a) 20,00 on June 15, 2016; (b) 20,000 on June 15, 2016; (c) 20,00,000 on June 15, 2016; (d) 30,005,00 on October 14, 2016; (e) 0,00,00 on June 16, 20, 10, 00 on June 15, 2016; (e) 0,00; (e) 0,00,00,00 on June 16, 20, 200; (e) 30,00,00,000 on July 15, 200, 200; (e) 10,000,000 on November 15, 2016;

B. On November 29, 2016, the Plaintiff and the Defendant: (a) increased the construction price of KRW 181,50,000; (b) concluded the first modified contract with the purport that the total construction price shall be KRW 2,524,50,000; and (c) the construction period shall be changed to February 28, 2017; and (d) the Defendant paid KRW 2,524,50,000 to the Plaintiff as listed below from June 15, 2016 to January 16, 2017.

C. On February 13, 2017, the Plaintiff and the Defendant entered into a secondary modified contract with the total construction cost of KRW 2,656,500,000 by increasing the construction cost of KRW 132,00,000. The Defendant paid KRW 132,00,000 to the Plaintiff on February 15, 2017.

On March 15, 2017, the Plaintiff and the Defendant concluded a third modification contract with the effect that the total construction cost shall be KRW 2,665,179,000 by increasing the construction cost of KRW 8,679,00, and that the construction period shall be changed to March 31, 2017. The Defendant paid KRW 8,697,00 as the construction cost increased to the Plaintiff on March 15, 2017, but was refunded KRW 18,000, which was paid in excess by the Plaintiff on March 16, 2017.

E. The Plaintiff and the Defendant have increased the construction cost by KRW 44,396,00 on March 31, 2017, thereby changing the total construction cost to KRW 2,709,575,000.

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