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(영문) 대구지방법원 2015.12.23 2014나17860
공사대금
Text

1. Of the judgment of the court of first instance, KRW 55,057,00 against the Plaintiff and its related thereto, from November 16, 2013 to December 23, 2015.

Reasons

1. Basic fact contract amount: The construction period of KRW 71,500,000 (value of KRW 65,00,000, value-added tax: KRW 6,500,00): The Plaintiff shall pay materials and personnel expenses from May 7, 2013 to July 30, 2013, and the Defendant shall supply equipment, earth and sand, and aggregate;

Special Conditions - B(Plaintiffs)’ material(s) shall be adjusted at the time of completion by applying the contractual unit price when there is an increase or decrease in the volume of construction works at a place designated by Party A(Defendant)(s).

-B (Plaintiffs) shall submit to A (Defendants), without delay, structural calculations, etc. to prove the safety of the reinforced earth retaining wall at the request of A, the ordering person, the permission-granting authority (Ulle-gun), or the safety of the reinforced earth retaining wall.

On May 22, 2013, the Plaintiff was awarded a contract from the Defendant for the installation of reinforced soil retaining walls (hereinafter “instant construction”) among the construction of tourist pension in Gyeongung-gun A, Ulsan-gun (hereinafter “instant construction”).

B. The above supply value of KRW 65,000,000 is the amount calculated by multiplying the contractual unit price of 45,000,000 square meters and 40,000,000 square meters by the contractual unit price of 45,00,000 or 40,000,000 or 525,00 square meters of the originally anticipated construction volume [525 square meters x 125,000 square meters x 45,000 square meters x 40,000 square meters 40,000 or 40,000,000 won (per 40,000 won or 40,000,000 square meters) in order of the contractual unit price of the reinforced soil block and Subdivision, which is a material that the Plaintiff

C. On May 22, 2013, the date when the instant construction contract was concluded by the Defendant, the Plaintiff received KRW 30,000,000,000 for the first time payment on June 10, 2013, and KRW 10,000 for the second time payment on July 10, 2013, respectively, and received KRW 50,000,000 in total from the Defendant.

Since the difference between the actual topography and the design map of the instant construction site, the Plaintiff became an additional construction work in accordance with the actual topography.

E. On August 2013, the Plaintiff continued the instant construction work until the first patrol officer, and the Defendant’s failure to pay to equipment suppliers, etc., on the wind that equipment, aggregate, etc. can not be provided at the construction site.

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