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(영문) 서울중앙지방법원 2016.12.07 2015가합554875
공사대금 청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 3,680,803,304 and the interest rate of KRW 15% per annum from October 18, 2016 to the date of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a contract with the Defendant for the construction of the “C Corporation” (hereinafter “instant construction”) which constructs the facilities of the Ministry of National Defense in Ansan-si B from the Defendant.

(1) The contract for the instant construction project (hereinafter “instant construction contract”) was awarded.

(2) On August 13, 2010, a long-term continuing construction contract was concluded in the form of a long-term continuing construction contract. On August 13, 2010, the first and second construction contract was concluded on the part of KRW 10,161,249,00, out of the total extended construction amount of KRW 197,032,120,120,000. At the time, the total construction period was scheduled to be completed on November 30, 2012 as the total construction period of approximately 27 months. (2) Of the general conditions of the construction contract, the part related to the instant case is attached hereto

1. The description of the general conditions of the construction contract;

On August 22, 2012, D Co., Ltd., Ltd., the construction work date of the sewage supplier’s contract date, on October 30, 2012, D Co., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., Ltd., 2 of Section 2 of Section 2, Ltd., Ltd., May 16, 201, G Co., Ltd., 16 May 201, May 26, 2011, the Plaintiff subcontracted part of the instant construction work as indicated below.

B. The instant construction contract’s modification was extended to the construction period than originally scheduled due to the lack of budget, delay in relocating the households residing in the construction site, etc., and eventually completed on October 31, 2015.

During that process, the Plaintiff and the Defendant

2. Each of the instant contracts entered into as indicated in the instant revised contract agreement (hereinafter referred to as “each of the multiple contracts”, “the instant revised contract”, “the instant revised contract” and “the number of multiple contracts” are specified in the same manner as “the instant revised contract” and “the instant revised contract”) and the Defendant finally agreed on July 10, 2015 was KRW 231,706,876,960.

C. On July 27, 2015, the Plaintiff filed a claim for the adjustment of the contract amount following the extension of the construction period by the Plaintiff, extended four times to the Defendant.

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