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(영문) 수원지방법원성남지원 2017.05.16 2015가합201721
공사대금
Text

1. The Defendant’s KRW 1,475,339,615 as well as 6% per annum from September 1, 2016 to May 16, 2017 to the Plaintiff.

Reasons

Basic Facts

On October 10, 2013, the Plaintiff entered into the instant construction contract and changed the said contract, concluded a contract with the Defendant to construct C buildings on the land B in Jung-gu Incheon Metropolitan City (hereinafter “instant building”) on the ground, Jung-gu, Incheon.

(hereinafter “instant construction contract” or “the instant construction contract”). After the conclusion of the contract, the Plaintiff and the Defendant agreed on April 7, 2014 to the effect that “the instant construction works (320 million won), electrical construction (370 million won), creative construction (290 million won), and stone construction (132 million won), shall be directly implemented by the Defendant except for the Plaintiff’s construction contract scope.”

Meanwhile, as the Defendant demanded to change the number of floors from 8 to 7 floors, the Plaintiff and the Defendant reduced the construction cost of the instant case from 4.87 billion to 4.43 billion won on July 15, 2014.

Since then, the defendant again requested that the construction cost be reduced to KRW 2.6 million per deliberation, and the plaintiff accepted this.

Accordingly, the construction cost was reduced by 4,055,108,200 won (i.e., the total floor area of the instant building based on 7th floor 1,417.87 square meters x 2.6 million won per square x value added 110 percent).

According to the progress of the instant construction and the Plaintiff’s construction completion, the instant building was completed on December 31, 2014, and the registration of preservation of ownership was completed in the name of the Defendant on March 19, 2015 after obtaining approval for use on March 19, 2015.

In the course of the construction process, the Plaintiff executed the part of the instant construction work according to the SCW construction method, not by soiling, at the Defendant’s request. Accordingly, the additional construction cost was paid in KRW 218.9 million.

On the other hand, on January 12, 2015, the Plaintiff paid KRW 37,979,510 to the Korea Electric Power Corporation for reconstruction costs, which the Defendant had to have borne under the instant construction contract.

The Plaintiff partially paid the construction price from the Defendant on March 19, 2014, KRW 30 million, KRW 500 million on September 3, 2014, and KRW 350 million on October 23, 2014.

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