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(영문) 서울남부지방법원 2019.06.14 2017나60794
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 27, 2013, the Defendant concluded a contract with the Plaintiff for a primary construction contract as of December 20, 2014, with the total construction cost of KRW 3,568,739,850, and the starting date of the instant construction contract as of February 10, 2014, and August 3, 2015 (540 days for the total construction period) of the date of the completion of the first construction contract. First, the Defendant concluded the first construction contract with the Plaintiff as of December 20, 2014 as of December 20, 2014.

B. On December 2, 2014, the Plaintiff and the Defendant entered into a contract to change the first contract into KRW 3,657,572,60 on April 20, 2015, with the date of the first completion of the contract on the grounds of design change, etc., as indicated below, as follows: (i) the total construction cost plus KRW 3,568,739,850 on the first contract (i.e., the amount added to KRW 88,832,750 on the first contract); and (ii) the first construction cost to KRW 1,558,953,00 (= KRW 561,804,00, KRW 997,149,00).

However, the total construction period has not been changed.

hereinafter referred to as "1-1 modified contract"

(C) On April 20, 2015, the Plaintiff and the Defendant entered into a contract under which the total construction cost was changed to KRW 3,686,712,00 (= KRW 3,657,572,600) under the first-1 modified contract due to the high-rise of floor and change of the club (However, the total construction period was not changed)

(D) On April 21, 2015, the Plaintiff and the Defendant concluded the secondary construction contract with the amount of KRW 1,200,000 among the instant construction works (total construction cost of KRW 3,686,712,00), and the amount of KRW 20,00,00 on June 20, 2015 as of June 20, 2015. E. On June 22, 2015, the Plaintiff and the Defendant changed the total construction cost of KRW 3,696,32,00 (= KRW 3,686,712,000) to the amount of KRW 9,612,00,000, KRW 2,137,369,000 (=1,200,000,000,000), and the amount of the secondary construction payment to KRW 3,69,00,039,00.

F. On July 14, 2015, the Plaintiff and the Defendant concluded a contract that changed the completion date to August 3, 2015, among the secondary contracts.

G. On July 22, 2014, the Plaintiff requested the Defendant to extend the construction period by August 31, 2015 for the following reasons.

H. Accordingly, the Defendant on July 30, 2014, 1, 3, and 4.

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