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(영문) 부산지방법원 동부지원 2018.11.08 2018가합103135
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. On April 8, 2009, B Co., Ltd. (hereinafter “B”) entered into the first construction contract with the Defendant with the content that the period of completion of the first construction contract was 4,617,767,000 won for the first construction among the construction works for road construction works (hereinafter “instant construction works”), which was revised on April 15, 2010, by the Defendant as of April 16, 2009, the date of commencement, April 16, 2009, the date of completion, April 15, 2012; the date of completion, April 15, 2012; and the date of completion, April 15, 2012, the total construction period was 4,617,767,000 won. On the same day, the period of completion of the first construction works as of April 15, 2010.

The Plaintiff became a joint and several surety of the instant construction project on January 5, 2010.

B waived the construction work around May 3, 2010, which was in the process of the primary construction, and around that time the Plaintiff succeeded to the remainder of the construction work.

B. On February 21, 2011, the Plaintiff entered into a third construction contract with the Defendant to receive a contract, setting the contract amount of KRW 903,990,00 among the instant construction works, and the date of commencement on February 21, 201, and the date of completion on February 20, 2012, with the amount of KRW 4,430,780,000 for the total construction period.

C. On June 20, 2011, the Plaintiff entered into a contract with the Defendant to change the construction work on June 20, 201, which was the initial completion date, with respect to the second part of the instant construction work, to August 24, 201.

On February 14, 2012, the Plaintiff entered into a construction agreement with the Defendant to change the term of the instant overall construction contract from April 16, 2009 to June 24, 2012 to December 31, 2013, and to change the term of the instant overall construction contract from February 21, 2011 to February 20, 2012.

E. On May 18, 2012, the Plaintiff entered into a contract with the Defendant to amend the construction period from February 21, 201 to May 20, 2012 to October 30, 2012.

F. On September 27, 2012, the Plaintiff entered into a contract with the Defendant for the fourth-minute construction of the instant construction work from the Defendant, the contract price of KRW 383,130,000, and the date of commencement.

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