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(영문) 서울동부지방법원 2017.02.10 2013가단43926
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 24,047,846 to the Defendant (Counterclaim Plaintiff) and its amount from September 2, 2014 to February 10, 2017.

Reasons

1. Basic facts

A. On June 11, 2012, a partnership construction company (hereinafter “partnership construction”) concluded a construction contract (hereinafter “instant construction contract”) with respect to the extension project for the purpose of the Amiddle School Multi-Purpose Party (hereinafter “instant construction”) ordered by the Plaintiff and Seoul Southern District Office of Education (hereinafter “instant construction project”).

Contract amount: Contract amount of KRW 975,500,00 (Additional tax, safety management expenses of KRW 15,000,000) shall be executed in a lump sum with delegation from the value of supply to the amount equivalent to the above amount equivalent to 84.65% of the amount obtained by deducting six items (industrial items, employment, older persons, health, pension, retirement) from the value of supply.

It is the same as the above in terms of increase or decrease in the contract for change.

Expenses to be borne by the plaintiff shall be as follows:

(b) the cost of the construction. All the cost of the construction. All the cost of the construction. The cost of the construction. The cost of the workers shall be all the cost of the construction, resident tax, on-site agent, safety manager, quality manager, and all the cost of the construction.

After that, the construction cost was finally reduced to KRW 973,447,548 (Additional Tax separately), and the total construction cost in this case was changed to KRW 1,070,792,302 (including additional tax, but less than KRW 1,000).

C. As for the instant construction work, the Plaintiff paid KRW 700,733,100 to the Plaintiff as the instant construction cost, and paid KRW 1,075,373,478 in total directly to the subcontractor and paid KRW 374,640,378 as the instant construction cost.

During the instant lawsuit pending, the Defendant was merged into a partnership construction on December 30, 2014.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence No. 1, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion ① Temporary construction remains after deducting KRW 1,075,373,478 from the total construction cost of this case, including KRW 15 million for safety management expenses.

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