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(영문) 수원지방법원 2017.09.21 2016나72778
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's above 16,793,200 won and the above money to the plaintiff.

Reasons

1. Basic facts

A. On September 30, 2013, the Plaintiff entered into a contract with the Defendant to perform the following construction works, under a contract with the Defendant for the “Building Work for Extension of Residential Living Facilities B in the Aged Population” (hereinafter “instant construction”).

Construction period: From October 7, 2013 to November 25, 2013: Where a contract for construction cost of KRW 198,00,000 (including value-added tax) is revoked or terminated, the contract bond paid shall revert to the defendant.

(Article 5(1) of the Contract. Where the execution of construction is delayed due to reasons not attributable to the Plaintiff, such as a natural disaster, force majeure event, imbalance in the supply and demand of raw materials, etc., the Plaintiff may request the Defendant to extend the construction period in writing.

(Article 17(1)(b) of the Contract.

On November 25, 2013, the Plaintiff and the Defendant entered into a contract to modify the construction work to extend the construction work of this case to the construction period on December 31, 2013 without changing the contract price due to the delay of the relocation of existing occupants and the change of the civil engineering work.

C. The Defendant paid to the Plaintiff a total of KRW 150 million ( KRW 60 million on October 18, 2013, KRW 70 million on November 22, 2013, KRW 270 million on December 27, 2013, KRW 144 million on December 27, 2013, and KRW 6 million on December 24, 2013).

On December 31, 2013, the Plaintiff notified the Defendant of the extension of the claim for increased construction cost and the period of construction. However, the Defendant notified the termination of the instant construction contract on the ground that the construction was not completed by December 31, 2013, the scheduled completion date of construction on January 2, 2014, and the instant construction was no longer progress thereafter.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 5-1, 2, 6, 15, Eul evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Defendant totaled the construction cost of KRW 198,00,000 under the contract for the instant construction contract, and the construction cost for the electrical construction, floor-to-date painting construction, etc. that the Plaintiff failed to perform partially.

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