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(영문) 수원지방법원성남지원 2014.04.10 2012가합20167
공사대금 등
Text

1. The Defendant’s KRW 93,177,98 for the Plaintiff and its related KRW 6% per annum from March 21, 2014 to April 10, 2014.

Reasons

1. Basic facts

A. On February 29, 2012, the Plaintiff entered into a contract with the Defendant on the receipt of a subcontract from the Defendant for the fire-fighting electrical construction of a factory building (hereinafter “factory operation”) and the construction cost of KRW 3.8 million (i.e., value-added tax of KRW 280 million), and the construction period from March 1, 2012 to August 31, 2012; and (ii) entered into a contract for the fire-fighting electrical construction of a warehouse building (hereinafter “factory operation”) with the Defendant’s construction cost of KRW 44 million (= value-added tax of KRW 40 million); and (iii) with the construction period of KRW 40 million from March 1, 2012 to December 31, 2012, the Plaintiff concluded a contract with the Defendant on the acceptance of a subcontract for the said construction cost of KRW 3.8 million (hereinafter “factory operation”).

(hereinafter referred to as “instant subcontract” in total, including factory operation and warehouse operation, and each of the above contracts is referred to as “instant subcontract.”

In the process of the instant construction, the details of the instant construction were partially changed, and the Plaintiff was also included in the instant construction work in fire-fighting and electrical construction of facilities incidental to a glass plant, such as a patriarch site and a laundry site, and completed the instant construction work on July 30, 2012 prior to the month when the construction completion was completed according to the Defendant’s order to reduce the construction period.

C. Meanwhile, the Plaintiff received KRW 198,760,00 from the Defendant among the construction cost under the instant subcontract, and the Plaintiff paid KRW 196,647,568 out of the actual construction cost of the materials cost, etc. incurred by the Plaintiff due to the instant construction.

[Reasons for Recognition] Facts without dispute, Gap evidence 3-1, Eul evidence 3-2, Eul evidence 1-1, 2-2, Eul evidence 3-1, 2-2, Eul evidence 4-1 through 61, and the purport of the whole pleadings

2. The parties' assertion

A. As the actual construction cost incurred by the Plaintiff in the course of actual execution of the instant construction project exceeds the construction cost stipulated in the instant subcontract, the Defendant on July 2, 2012.

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