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(영문) 서울동부지방법원 2018.07.20 2016가합106580
공사대금
Text

1. Claim for additional construction cost due to the change of the method of excavating C from among the instant lawsuits, and claim for the cost of handling official duties.

Reasons

1. Basic facts

A. On April 28, 2009, the Defendant entered into a contract with D Co., Ltd., E Co., Ltd. (the share ratio: Defendant 50%, D Co., Ltd., 30%, E Co., Ltd., 20%, representative Co., Ltd., and Defendant: the Korea Rail Network Authority entered into a contract with the Korea Rail Network Authority to receive a contract with the contract amount of KRW 63.742.5 million (including value-added tax; hereinafter the same shall apply).

B. On September 14, 2009, the Defendant entered into a contract with the Plaintiff to subcontract the “Land and Tunnels (two tools)” with the contract price of KRW 19.7.6 million and the construction period from September 14, 2009 to April 29, 2014.

(hereinafter referred to as “instant subcontract”). (c)

After that, the Plaintiff and the Defendant concluded a modified contract on the instant subcontract as indicated below:

The second change from September 14, 200 to April 29, 2014, the first change from September 14, 2009 to April 29, 2012: 20,459,329,000 (the second change from September 14, 2009 to April 29, 2014; 6, May 6, 2013; 235,90,000 (the third change from April 28, 2014; 90,000,000 to September 235, 200; 6, 305 to December 31, 2014; 19 to December 31, 2014;

On October 21, 2014, the Plaintiff and the Defendant agreed to the following terms and conditions before concluding the said fourth amendment agreement:

(hereinafter referred to as “instant agreement”). Agreement on the Alteration of a Subcontract

1. The name of the project: The works of installing earth and sand and tunnels (two tools) from among the works of using the F uniform 3 works, sections and streetbed works;

2. Construction period: The original contract amount (including value-added tax) from September 14, 2009 to December 31, 2014, which was changed from September 14, 2009 to December 31, 2014: 32,764,60,000 won changed from September 28, 235,90,00 won;

4. Contractor: The defendant;

5. Subcontractors: Plaintiffs;

6. Other conditions: The Plaintiff initially identified that the preservation of all the site input costs incurred prior to the date of the agreement on the amendment was included in the amendment, and accordingly, is based on the Plaintiff’s free will.

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