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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 132,251,025 as well as to the plaintiff on July 2017.
Reasons
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) contracted a new construction of E Daejeon Logistics Center and F Business Place with E (hereinafter “E”), and entered into a contract with the Defendant on August 31, 2015, stipulating that the part of the above construction works (including fire fighting works; hereinafter “instant construction works”) shall be KRW 8,690,000,000 in the construction cost, and the construction period shall be from August 31, 2015 to August 31, 2016 (the period of the subsequent construction is extended from March 31, 2017 to March 31, 2016).
(hereinafter “instant prime contract”). B.
The instant construction was largely classified and composed of pipeline construction and ducting construction, and the Defendant entered into a contract with the Plaintiff on November 16, 2015 to re-subcontract the part of the instant construction to the Plaintiff.
(hereinafter “instant subcontract” is a prime contract, and the contract between D and the Defendant is a subcontract. While the contract between the Defendant and the Plaintiff has the status of sub-subcontract, it is referred to as “for convenience,” the part related to the instant subcontract is as follows: (a) the general terms and conditions of the contract included in the instant subcontract and the terms and conditions of the contract (hereinafter “instant general terms and conditions”) and the special terms and conditions of the contract (hereinafter “instant special terms and conditions”).
2. The name of the subcontracted project: Cudio Corporation;
4. Period of construction: Amount of 1,870,00,000 won from November 16, 2015 to August 35, 2016: Value-added tax of 1,700,000,000 won: 170,000,000 won;
6. Payment of the price;
(b) Article 21 (Adjustment of Contract Price according to Modification, etc. of Design) (1) of the General Conditions of Payment within 15 days from the date of receiving an adjustment from the ordering person (D) of the subcontract price due to any change in the design, the economic situation, etc. (1) This contract shall be concluded within 30 days from the date of receipt of the adjustment from the ordering person (D).