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(영문) 창원지방법원통영지원 2017.09.25 2016가합24
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From November 2013, the Plaintiff was in charge of assembly of blocks with the Defendant’s intra-company cooperation company.

B. Samsung Heavy Industries Co., Ltd. (hereinafter “Tro Heavy Industries”) contracted the Defendant with construction related to offshore plant called “inex Ichythys Dtile,” and on January 29, 2014, the Defendant: (a) on January 29, 2014, concluded a contract with the Plaintiff for construction works related to the “duitation and comparison (Contract Number No.SKMT-GBSC-D2014-11); (b) on the unit price of Jin Q Q Q, the construction period of KRW 1,070,00 per unit price; (c) from January 29, 2014 to October 7, 2014; (d) the period of construction from January 29, 2014 to October 7, 2014; (e) the period of construction from 300,500,000 won per unit price to 30,501,414.20,000 won per unit price.

(hereinafter referred to as “each of the instant construction works” in this case, which the Defendant contracted to the Plaintiff.

On November 2014, the Plaintiff completed each of the instant construction works.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 2, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion 1) while proceeding with each of the instant construction, between February 8, 2014 and August 2014, the Plaintiff: (a) concluded a contract for the increase of the subcontract price on two occasions at the Plaintiff’s request for the increase of the unit price; (b) the Plaintiff and the Defendant agreed on the increase of the subcontract price by concluding a contract for the increase of the unit price, which is a raw material for the Samsung Heavy Industries paid to the Plaintiff; and (c) the additional construction was added to at least 28,656M/H as a result of the change in the design of Samsung Heavy Industries. Therefore, the Defendant is obligated to pay the Plaintiff the price for the additional construction that the Plaintiff performed; and (d) the Defendant paid KRW 716,400,00 ( = 28,656M/H x 25,000) according to the amount set as the average market price for the shipbuilding industry as the unit price for the additional construction.

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