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(영문) 서울동부지방법원 2016.11.11 2015가합106712
공사대금
Text

1. The Plaintiff:

A. From August 28, 2015 to August 28, 2015, Defendant Daicheon Construction Co., Ltd.: 61,983,029 won and its related amount.

Reasons

1. Basic facts

A. On August 18, 2014, the Plaintiff entered into a contract with Defendant Daicheon Comprehensive Construction Co., Ltd. (hereinafter “Defendant Daicheon Construction”), under which Defendant Daicheon Construction Co., Ltd. (hereinafter “Nacheon”) and Nacheon Construction Co., Ltd. (hereinafter “Nacheon”) and three companies (hereinafter “owner”) located in the Gansung Industrial Complex B district contracted by A for each of the three companies (hereinafter “the instant construction”) within the Gansung Factory Construction Co., Ltd., and the said three companies (hereinafter “the instant construction”) for each of the construction works for new construction of the said three companies, with the construction cost of KRW 1970,000,000,000 and the construction period of KRW 570,000,000,000, from August 18, 2014 to October 30, 2014, with the subcontract agreement of this case (hereinafter “instant subcontract”).

At the time, Defendant Daicheon Construction agreed to preferentially pay the costs of materials and expenses to the Plaintiff.

B. On August 20, 2014, the Plaintiff entered into a contract with Defendant Branch Construction Co., Ltd. (hereinafter “Defendant Branch Construction”) under which the instant construction work was comprehensively re-subcontracted by setting the construction cost of KRW 550 million and the construction period from September 1, 2014 to October 31, 2014 (hereinafter “instant re-subcontract”). Accordingly, Defendant Branch Construction carried out the instant construction work.

C. During the process, the instant construction project demanded the advance payment of additional material costs and the increase in the construction cost due to additional construction works, and suspended the construction works, and there were conflicting opinions between the Plaintiff and Defendant Daicheon Construction. Accordingly, the Plaintiff and Defendant Daicheon Construction extended the term of construction until January 30, 2015, but extended the term of construction until January 30, 2015, but around March 30, 2014 again by April 20, 2015.

On January 7, 2015, the Plaintiff increases the construction cost of KRW 658,500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

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