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(영문) 수원지방법원안양지원 2020.02.13 2018가합101302
공사대금
Text

1. The Defendant’s KRW 74,044,60 for the Plaintiff and KRW 6% per annum from September 15, 2017 to February 13, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the building construction business, etc., and the Defendant is the owner of 452m2.1m2 (hereinafter “instant site”).

B. On November 2016, the Plaintiff entered into a standard contract for private construction works with the Defendant (hereinafter “instant contract for construction works”) with the following content.

A contractor: Defendant, contractor: Plaintiff

1. Name of construction: New construction works for C;

2. Place of construction: C in the case of harmony; and

3. Date of commencement: The date of completion on November 21, 2016: 4: 462,00,000 won (including value-added tax) on April 19, 207;

C. On November 25, 2016, the Defendant paid KRW 220,000,000 to the Plaintiff, respectively, and KRW 110,000,000 on May 10, 2017.

The Plaintiff and the Defendant agreed to increase the construction cost on May 2017, and the Defendant paid to the Plaintiff KRW 5,000,000 on June 5, 2017, and KRW 55,000,000 on June 22, 2017, and KRW 55,000,000 on July 3, 2017, respectively.

The Plaintiff completed the second floor building on the ground of the instant site (hereinafter “instant building”).

On September 6, 2017, the Sungsung City approved the use of the instant building, and the Defendant completed the registration of ownership preservation on September 21, 2017.

E. On September 2017, the Plaintiff entered into a contract to modify construction works (hereinafter “instant modified contract”) with the Defendant.

Article 1(Definitions) This Agreement is a modified contract for C Service New Construction Contract (hereinafter referred to as "original contract") concluded on November 2016.

Article 2 (Amendment of Contracts) Amendment to Original Contracts shall be as follows:

Section 3 (Mutatis Mutandis Application of the Contract) of the cost of construction 462,00,000 won from November 21, 2016 to April 19, 2017 to September 30, 2017, each provision of the original contract, which was not amended in this Agreement, shall be effective.

Article 4 (Keeping of Contract), as evidence of this Agreement, two copies of the original copy of this Agreement shall be prepared and kept in one copy after both parties affix their seals, respectively.

[Reasons for Recognition] There is no dispute;

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