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(영문) 부산지방법원 2015.01.07 2013가합40929
공사대금
Text

1. The Defendant’s KRW 82,196,421 as well as 5% per annum from January 7, 2014 to January 7, 2015 to the Plaintiff.

Reasons

Basic Facts

The following facts are not disputed between the parties, or acknowledged in full view of Gap evidence 2-1, Eul evidence 2-2, Eul evidence 1, Eul evidence 1, Eul witness C, and the purport of the whole pleadings.

Article 1 The amount of construction (design) shall be 80 million won (excluding surtax).

Article 3 The period of publication shall be from October 12, 2012 to December 15, 2012.

Article 5(B) The amendment of the relevant laws and regulations or the modification of the design of “A” or the excess due to the re-construction shall be paid to “A” in addition to “B” while carrying out the construction work.

Article 6 "B" shall proceed with construction work by the design drawing prepared by "B", and when a problem occurs in the course of construction work due to a design error, "B" shall resolve it without delay.

Article 8 “B” shall prepare one copy of the completed design plan to “A” and deliver it within the contract period.

Article 13 The completion of the construction works shall be verified as follows; and if there is a defect after checking as to whether there is a defect, the construction works shall be revised, instructed, and executed before the commencement of the works, and if the “A” and “B” are transferred to another business under an agreement, they shall be recognized as completion.

The period of repair of defects in a facility after completion of Article 14 shall be one year, and in the event of a defect due to expendable goods or other external factors, "A" and "B" shall be reduced by mutual consultation.

On October 12, 2012, the Defendant, as the owner of Daegu Dong-gu and each building A Dong and Dong (hereinafter “the instant cartel”) on its ground, entered into a contract for interior works (hereinafter “instant construction contract”) with the Plaintiff on the following terms and conditions.

On October 7, 2012, the Plaintiff submitted to the Defendant a written estimate (hereinafter “instant estimate”) made with respect to the instant construction contract, such as the actual compiled statement, construction cost calculation statement, compiled statement by type of work, and detailed statement, etc., and did not prepare detailed specifications setting the execution method for each item.

The defendant of this case.

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