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(영문) 의정부지방법원 2019.12.18 2018가합59519
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd.: (a) on July 21, 2009, the contract amount of KRW 37,920,000,000 (including value-added tax) and the construction period from July 27, 2009 to October 28, 2010, the construction of a new sports center on the land of 59 parcel, which was contracted by D D D D D D D D D D D E and 59.

B. On February 8, 2011, the Defendant re-subcontracted the Plaintiff with the contract price of KRW 642,640,90 (including value-added tax) and the construction period from February 8, 2011 to September 30, 201.

(hereinafter referred to as the “instant sub-subcontract”). (c)

The re-subcontract of this case was modified six times as follows:

(1) On December 31, 201, 200, 688,000, 00 on July 31, 201, on the ground of the date of concluding the amended contract (original) Nos. 6 of the No. 6 of this case (hereinafter “the No. 6 of this case”) / [the Table] 6,688,00,00 on July 31, 201; the increase in construction price; and 78,00,00 on December 31, 201, 20; the construction price increase; the construction price increase; the 308,00,00,000,000,000 on January 31, 2012; the 31, 308,000,000,000 on March 31, 2012; and the 31,06.78,208,005.

2. The assertion and judgment

A. According to the Plaintiff’s design change, etc., the construction cost disbursed to the instant tin work exceeded the originally scheduled amount, and accordingly, the Defendant made a verbal agreement to pay to the Plaintiff by increasing the price of the instant tin work in KRW 10,314,700,00 on April 9, 2012 and August 31, 2012 (the date of concluding the sixth modified contract) and at the end of December 2013.

Therefore, the defendant shall pay the construction price to the plaintiff according to the above agreement, 10,314,700.

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