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(영문) 창원지방법원 2019.05.16 2018가단113150
공사대금
Text

1. The defendant is simultaneously with the delivery of a defect repair performance certificate in the attached Form 65,053,144 won or a defect repair performance certificate from the plaintiff.

Reasons

1. Basic facts

A. On March 30, 2016, the Plaintiff entered into a subcontract with the Defendant to enter into the subcontract with respect to machinery and equipment and fire-fighting equipment and fire-fighting installation among the construction works of the urban-type housing unit in Ulsan-gu, Ulsan-gu, Seoul-gu, with which the Defendant was awarded a contract by determining the period from March 30, 2016 to February 28, 2017 as the contract price of 1,840,000,000 (the supply price of KRW 1,800,000, value-added tax of KRW 40,000,000, value-added tax of KRW 40,000) and 3% (the Plaintiff shall pay the amount calculated by multiplying the contract price of the warranty bond by the contract price of the defect repair bond, to the Defendant with a certificate of defect repair performance as stated in the attached Form

(hereinafter “instant contract”). (b)

Around May 30, 2017, the Defendant prepared and delivered to the Plaintiff an undertaking to settle KRW 321,452,965 as a result of the completion of the construction work (hereinafter referred to as “instant undertaking”) with the content that the Defendant, upon completion of the construction, shall undertake to add an additional company and increase in the construction cost due to the modification of the design.

(The value-added tax related to the above KRW 321,452,965 is KRW 7,046,248).

On June 16, 2017, the chief of the Southern District Department of Ulsan Metropolitan City issued a certificate of completion inspection of fire-fighting system installation to the part of the Plaintiff's construction work.

The Defendant paid the construction price to the Plaintiff from June 23, 2017 to April 2, 2018, the Defendant paid a total of KRW 2,228,892,287 to the Plaintiff or the Plaintiff’s subcontractor.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 13, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant subcontracted to the Plaintiff with a license for electrical fire-fighting construction works equivalent to KRW 154,388,608, which was entrusted to other business operators, in addition to machinery and equipment and fire-fighting installation works.

Accordingly, the construction cost of the instant contract was changed to KRW 1,994,388,600.

Afterward, the defendant shall work 321,452,965 won (excluding value-added tax 7,046,248 won) in increased construction costs due to the addition of the company and the modification of the design.

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