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(영문) 부산지방법원 2020.11.12 2019가단306655
정산금 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 13, 2017, the Plaintiff entered into a subcontract construction agreement (hereinafter “instant contract for construction”) with the Defendant on the construction of reinforced concrete (hereinafter “instant construction”) from March 13, 2017 to October 31, 2017, with the construction period of KRW 1.287 billion (including additional taxes).

B. Since then, the Plaintiff agreed with the Defendant to change the construction period of the instant construction contract as of October 30, 2017 to June 30, 2018, and ② the construction price as of December 26, 2017 to KRW 1.267 billion.

C. From November 20, 2017 to March 13, 2018, the Defendant: (a) incurred unpaid amounts, such as wages, materials, and equipment costs, to be paid by the Plaintiff in relation to the instant construction four times; (b) caused the Plaintiff’s situation where the Plaintiff’s sewage supplier, who did not receive the construction cost, visits the Defendant; and (c) sent a mail verifying contents that calls for the progress of construction, such as arranging unpaid payments until November 30, 2018; and (d) the Plaintiff was unable to perform construction works due to the increase in general management expenses for the extension of the air due to the unsold housing unit in Kimhae-hae General Industrial Complex, etc. on four occasions from February 20, 2018 to March 7, 2018, and thus, sent an interim settlement mail demanding interim settlement.

On April 24, 2018, the Defendant sent a letter verifying the termination of the instant construction contract, since the Plaintiff did not comply with the Plaintiff’s demand to perform construction works.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 8 (including paper numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment regarding the defendant, ① extension of the period due to unsold in lots in the general industrial complex in Kimhae, etc., and the defendant's prior performance process, amnesty and land banking are delayed, and the plaintiff's construction work of this case is delayed due to reconstruction due to ground subsidence in D section.

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