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(영문) 서울중앙지방법원 2017.08.31 2017가합531944
정산금 청구
Text

1. The Defendant’s KRW 22,764,630 as well as 6% per annum from January 22, 2015 to August 31, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant is Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”)

From around 2012, the “Projects for Modernization of the Wholesale Market for Nanotechnology Fishery Products” is one of the “Projects for Modernization of the Wholesale Market for Nanotechnology Fishery Products” (hereinafter “instant Construction”).

(3) On January 30, 2013, the Plaintiff entered into a contract with the Plaintiff on January 30, 2013 to entrust the Plaintiff with the land-based agency services for the transportation and disposal of residual soil at the construction site (hereinafter “instant contract”).

B From February 1, 2013 to June 30, 2014, the agreed amount shall be 2,188,737,430 won (including value-added tax, excluding the value-added tax, the value of supply excluding the value-added tax shall be 1,989,761,30 won) and the agreed amount shall be determined to be changed depending on the total quantity of residues subsequently transported. 2) The main contents of the instant contract payment (including special terms) are as follows:

Article 5(b) The above agreed amount is the amount determined by mutual consultation according to the result of sufficient review of the execution drawings and construction specifications of the defendant, and the unit price determined by the time of completion of soil transport, and there is no unit price increase.

Matters of special agreement

1.The adjustment of quantities shall be adjusted to the quantities between Gap and the original office building (on the port construction), and there shall be no increase in the unit price in any case, such as an increase in the cost of earth and sand on the conditions of soil quality and transportation, an increase in the cost of subsidization of wind and rock, an increase in the cost of heavy weather, aggravation of site conditions, etc.

4,300 1,971,244,702 Ptotop treatment ptop treatment 48,429,300 metres 48,01,612,600 metres 48,018 metres 48,064 -1,500 -15,096,000 -1,500 -1,989,761,300 metres -1,000 metres -1,989,761,30

3.The payments of the completed nature shall be made by the settlement of accounts between Gap and the original office building, and Gap shall, at the time of the completed payment each month, reserve 3% of the completed portion of Eul at the time of the completed payment and make a lump sum payment at the time of the completion

8. When the construction cost is paid, the following:

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