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(영문) 광주지방법원 2016.10.26 2015가단41195
공사대금
Text

1. The Plaintiff:

A. Defendant continental Construction Co., Ltd. shall pay 60,000,000 won and its payment from October 2, 2015.

Reasons

A. The conciliation agreement of this case is an agreement

b) prepare a mediation agreement. The mediation agreement agrees on the matters reported to the Construction Dispute Mediation Council (State B) with respect to the "Top Corporation and two other works among the Construction Works for Sewage culvert Maintenance Works (eight-minutes)," as follows:

- - Future -

1. The reporter and the reported parties shall entrust services to an appraiser jointly registered with the court, and the determined amount shall be unconditional without any reason;

- Demand for the payment of additional construction costs of KRW 60,812,103 due to the modification of “two cases, other than soil works, from among the 8th portion of sewage culvert rearrangement works in order to require the reporter, and the reported person to settle the additional construction costs of KRW 771,451 due to the modification of the design, which is the purpose of settlement.

* The selection of expert witnesses shall be until June 19, 2015, and if either of the Parties delays the selection of expert witnesses, it shall be deemed that the above-mentioned amount required by the other party is acceptable.

* The reporter and the reported person shall provide materials in good faith and shall conclude them by July 24, 2015 and, if inevitable, shall extend a little period under the written agreement.

* The fees for appraisal shall be borne by the reporter and the reported person half.

2. The reporter and the Parties to the reported shall not raise any civil or criminal objection after the agreement.

C. Notwithstanding the conciliation agreement, the Plaintiff refused to select an appraiser without cooperating with the appraiser’s request for service as stipulated in the instant conciliation agreement, and filed the instant lawsuit.

[Ground of recognition] Uncontentious facts, Gap 1 to 3 evidence, Eul 1 to 4 evidence, the purport of the whole pleadings

2. The Plaintiff asserted by the parties concerned has increased the contract price according to price fluctuation in 10.2328% compared to the net construction cost by the ordering party. As such, the Plaintiff shall pay the amount according to the ratio that the Defendants subcontracted to the Plaintiff out of the increased amount under the instant subcontract agreement.

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