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(영문) 인천지방법원 2014.11.19 2013가합11450
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 56,432,686 to the Defendant (Counterclaim Plaintiff) and its related amount from June 4, 2013 to November 19, 2014.

Reasons

Basic Facts

On August 3, 2010, the Defendant was awarded a contract with the Plaintiff for each of the three new construction works of building on the ground of the land of Bupyeong-gu Incheon, B (hereinafter “B”), C (hereinafter “C”), and D (hereinafter “D”) (hereinafter “instant construction contract”), and the Defendant Han-gu comprehensive construction is the guarantor for the implementation of the instant construction contract.

The construction cost is calculated as KRW 620,00 per square meter, and the value-added tax was determined as KRW 222,505,800 (p. 326), KRW 315,636,20 (p. 462), and KRW 344,967,70 (p. 506).

The completion date of the completion plan was agreed on October 30, 2010, which was extended to December 30, 2010, respectively, and the C and D were extended to April 30, 201, and the B were extended to May 31, 201.

In the process of destroying the ground ground of B and C, the Defendant left the residual damages of the pre-sale building and caused water drain in the underground, and requested additional construction costs to the Plaintiff after performing the supplementary construction for the disposal of residues and the disposal of water scrap, and demanded for the settlement of civil petitions for the settlement of civil petitions.

On January 5, 2011, the Plaintiff filed a complaint with Defendant representative director, etc. on violation of the Construction Business Act, fraud, etc., but withdrawn the complaint on January 25, 2011, preparing a written performance statement as follows.

1. The actual construction period, excluding the extension of the construction period, rain, snow, natural disaster, etc. C, D shall be determined by two months in cases of two months, and B by three months in cases of three months;

2. The Plaintiff shall pay 98,000,000 won for the unpaid portion to the Defendant.

The defendant shall resume construction works within seven days from the date of payment.

4. The amount of principal construction works shall be 620,00 won per square meter ¡¿ 1,294 square meters = 802,827,00 won per square meter.

(Additional Tax Map) Around April 19, 201, the Defendant requested the Plaintiff to increase the construction cost of KRW 159,158,800 according to the actual completion of construction as the contract volume of KRW 1,294 or the actual completion of construction volume of KRW 1,551.59.

The plaintiff.

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