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(영문) 서울중앙지방법원 2018.12.05 2017가합538648
공사대금
Text

1. The Defendant’s KRW 47,446,740 for the Plaintiff and 5% per annum from June 22, 2017 to December 5, 2018, and the following.

Reasons

1. Basic facts

A. The party to the contract is the contractor who was awarded a contract for D-built Construction Work from C, a company ordering, and the Plaintiff is the subcontractor who was awarded a contract for reinforced concrete construction work (hereinafter “instant construction work”) from the Defendant during the said construction work.

B. On December 29, 2015, the Plaintiff entered into the instant subcontract and the completion of the instant construction work with the Defendant and entered into a subcontract (hereinafter “instant subcontract”) with the construction cost of KRW 2,387,00,000 (including value-added tax; hereinafter the same shall apply) and the construction period from January 10, 2016 to August 10, 2016 (hereinafter “instant subcontract”).

C. After completion of the instant construction project, the Plaintiff completed the instant construction project pursuant to the instant subcontract and transferred the construction site to the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) Following the Defendant’s change of the method of construction of ground-breaking construction during the pre-service process of the instant construction, the Plaintiff could start the instant construction work on March 29, 2016, which was delayed from February 15, 2016 to March 42, 2016, which was the first scheduled date of the commencement. Notwithstanding the delay in the commencement of construction, the Plaintiff was able to start the instant construction work on night and holiday work to meet the construction period, and it is deemed difficult to comply with the original construction period due to the occurrence of specific cases in the night and holiday work and intensive input of materials, equipment, equipment, etc. in order to meet the construction period, or to reduce the construction period when the period of use of the object of the construction is delayed while the period of use of the object of the construction is specified, the Plaintiff continued to complete the construction work by the completion of the construction work by 160,000 won (such as materials, equipment, number of workers, new construction method, funds, etc.).

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