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(영문) 서울북부지방법원 2015.08.20 2013가합7909
공사대금
Text

1. The Defendant’s KRW 93,648,730 for the Plaintiff and KRW 6% per annum from December 21, 2013 to August 20, 2015.

Reasons

1. Basic facts

A. The Seoul Local Government Procurement Service (Board of Audit and Inspection) awarded a contract to the Defendant for the Corporation A.

B. On September 18, 2012, the Defendant subcontracted the metal hold construction project to the Plaintiff as “the contract amounting to KRW 156,625,700, and the construction period from September 18, 2012 to March 31, 2013 (hereinafter the said metal hold construction project was changed to May 31, 2013)” (hereinafter the said subcontract was referred to as “the instant “first subcontract”; the said subcontract was changed to KRW 601,700,00 (hereinafter the said subcontract was changed to KRW 545,60,000), and the period of construction from September 18, 2012 to March 31, 2013 (hereinafter the said subcontract was changed to May 31, 2013).”

(hereinafter referred to as the above external panel construction "the second construction of this case" and the said subcontract is "the second subcontract of this case" (hereinafter referred to as "the second subcontract of this case").

On November 2013, the Plaintiff’s first and second construction works of this case and the following:

2.(b)

1) All additional works mentioned in paragraph (1) have been completed. 【The ground for recognition】 The fact that there is no dispute, Gap Nos. 1 and 2 (each entry, including each number, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Since there is no dispute between the parties as to the fact that the plaintiff was not paid KRW 108,089,730 among the construction costs under the 1 and 2 subcontract of this case by the defendant as to the claim for construction costs under the 1 and 2 subcontract of this case, the defendant is liable to pay the above KRW 108,089,730 to the plaintiff and the delay damages.

B. In full view of the result of the 1 appraiser B’s appraisal of the claim for additional construction cost, the result of each appraisal of the appraiser B of this Court on the request for supplementation and response, and the purport of the entire pleadings, other than the construction work under the 1 and 2 subcontract of this case, the construction cost of the additional construction work performed by the Plaintiff upon the Defendant’s express or implied request may be acknowledged as follows:

Therefore, the defendant is the plaintiff.

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