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(영문) 부산지방법원 2015.11.11 2014가합6377
공사대금 등
Text

1. The Defendant: (a) KRW 259,821,416 for the Plaintiff and KRW 5% per annum from May 8, 2014 to November 11, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On January 28, 2011, the Defendant purchased land from the Ulsan Metropolitan City Urban Corporation 3374.3m2 (hereinafter “instant land”). On the said land, the Defendant held the site site conference against the persons in charge of the construction company in order to build a chemical product manufacturing factory on the said land.

B. On December 11, 2012, the Defendant concluded a contract for new construction of a factory (hereinafter “instant construction and the instant contract”) with the Plaintiff, which included the contract amount of KRW 1,012,00,000 (including value-added tax) and the construction period from January 15, 2013 to June 30, 2013, after consultation with the Plaintiff based on the said estimate statement.

C. At the time of entering into the instant construction contract, the Plaintiff carried out construction works for the operation of the said factory (factory operation), the Nadong (ware operation), and the Dadong (office operation) according to the first design drawings (a total floor area of 1,139.64 square meters, a total floor area of 1,295,76 square meters) prepared

(hereinafter “instant building”) D.

On February 2013, when the Plaintiff had been performing the said construction, there was a modification of the design, the main contents of which are the additional construction of the construction of the above factory Ddong (a warehouse operation; hereinafter the same shall apply) (hereinafter “the first design modification”), and around June 2013, there was a modification of the design, the main contents of which are the change of the location of the said building (hereinafter “the second design modification”). The building area was increased to 1280.24 square meters and the total floor area was 1436.36 square meters.

E. On December 19, 2013, the Plaintiff completed the instant construction project partially modified following the foregoing design modification, and received KRW 1,025,00,000 from the Defendant as stated below as the construction price.

The defendant received a loan from the Small and Medium Business Corporation and paid part of the construction cost, and the construction cost shall be as stated in the table 1 and 2 below.

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