logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.01.06 2014가단14961
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. This is due to the principal lawsuit.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

(a) On February 15, 2014, the Plaintiff (mutual name: B) sets the period of construction as KRW 430,000 per ton unit price of steel works and field installation works, where the Defendant and the Defendant attach members to the steel frame processed in the primary process, from among steel frame production works ordered by the Defendant from the KBK, as of February 17, 2014;

3. A contract for construction works that is contracted and supplied (hereinafter “instant construction contract”) was concluded by setting the end of 30.30.

B. On February 17, 2014, the Plaintiff commenced the instant construction and completed the construction on March 30, 2014.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. (i) While the Plaintiff was performing the instant construction, the circumstance where the part of the main body was cut and re-work was anticipated to increase its cost, as the part was cut and re-work was not inconsistent with the V and the part of the main body.

The plaintiff recognized that the design, etc. was wrong to the defendant, and promised to pay the costs and expenses incurred by the construction to the plaintiff when the plaintiff had produced and installed.

In other words, the instant construction contract was amended from unit price contract to actual cost settlement contract.

According to the actual cost settlement agreement, the money that the Defendant is obligated to pay to the Plaintiff is KRW 179,828,353, such as direct construction cost, labor cost, personnel cost, equipment rental cost, and material purchase cost, KRW 179,828,353, such as indirect construction cost, KRW 4 insurance premium, building insurance premium, 876,089, and industrial accident insurance premium, KRW 876,089, and KRW 17,982,835, and KRW 134,765,00,00 paid by the Plaintiff from the above money is deducted from KRW 134,765,00.

【Supplementary construction cost has occurred according to the error work due to the lack of technical knowledge and design drawings of the Plaintiff employee.

The construction volume determined after the completion of the instant construction project shall be as follows.

arrow