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(영문) 울산지방법원 2016.01.15 2014가단17083
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 31, 2012, the Plaintiff was awarded a subcontract for electrical construction (hereinafter “instant construction”) from the Defendant for the construction cost of KRW 245,30,000 (including value-added tax) among the C hotel remodeling projects located in B of the Young-si.

B. Since then, the construction drawings have been modified by changing the division of each room on the drawings of electrical construction and adding key coke facilities related to the guest room control.

C. The Plaintiff completed the instant construction in accordance with the modified drawings.

The Plaintiff’s payment of the instant construction cost from the Defendant is KRW 450,000,000 on September 13, 2012, KRW 40,000 on January 11, 2013, and KRW 40,000,000 on February 8, 2013, and KRW 65 million on February 8, 2013, as a bill.

5.14. to 5.0

5. The Plaintiff received each payment of KRW 40 million on April 8, 2013, KRW 27.5 million on July 8, 2013, KRW 47.5 million on a bill, and KRW 42.35 million on September 11, 2013 (the amount of KRW 20 million on a bill shall be approved on November 26, 2013). E. The Plaintiff, on September 11, 2013, issued to the Defendant a warranty bond with KRW 7,359,00,00 calculated at the rate of KRW 245.3 million on the face of the contract amount of the instant construction, with KRW 20,00,00,00 in the guaranteed amount of KRW 7,359,00 on the face of KRW 3% on the face of the guaranteed amount. [In the absence of dispute, the purport of each of subparagraphs A, A, 2, and B-1 through 4, and the purport of the whole pleadings.

2. The allegations by the parties and the determination thereof

A. 1) As to the instant construction project, the Plaintiff changed the drawings, thereby increasing the construction cost of KRW 118,305,00, and the Plaintiff also implemented additional construction works equivalent to KRW 15,873,00. Therefore, the Defendant is obligated to pay the Plaintiff the total construction cost of KRW 134,178,000. (2) The instant construction project was modified while only a part of the construction project under the first drawing was conducted.

Accordingly, after the completion of the instant construction project, the Plaintiff and the Defendant settled the details of increase and decrease, and agreed to be the same as the first construction cost as the result of settlement.

Accordingly, the defendant receives the warranty bond based on the amount of KRW 245,30,000 from the plaintiff.

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