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Reasons
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(영문) 대구지방법원영덕지원 2017.08.10 2016가합1108
공사대금
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1. The Defendants shall jointly and severally serve as KRW 1,083,00,000 on the Plaintiff and as a result, from November 18, 2014 to October 12, 2016.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Defendant Company A (hereinafter “Defendant Company”) on July 18, 2013.

The factory of the Defendant Company (hereinafter referred to as the “instant factory”) is located on the ground of the F in the Gyeongjin-gun, Chungcheongnam-do.

2) Design and construction work (hereinafter “instant construction work”)

(2), 2,866.27 square meters in building area, 2,107,00,000 (including value-added tax; hereinafter the same shall apply)

(2) A contract for construction works to be executed (hereinafter “instant contract”) with the terms and conditions set forth in the contract;

(2) On August 9, 2013, the Defendant Company entered into a construction permit for the instant factory.

The Plaintiff commenced the instant construction work around August 19, 2013.

3) On August 20, 2013, the Plaintiff and the Defendant Company reduced the scale of the instant factory into the building area of 2,483.87 square meters, and reduced the construction cost to KRW 1,948,00,000. The instant contract was amended on November 10, 2013 to the effect that the date of completion of the instant construction work was determined as of November 10, 2013. (4) The Plaintiff and the Defendant Company, as of November 10, 2013, which was the date of completion of the instant construction, increase the scale of the instant factory into the building area of 2,634.87 square meters, and the instant contract was amended orally to increase the construction cost later.

5) On May 30, 2014, the Plaintiff completed the instant construction. Around June 30, 2014, the Defendant Company obtained approval for the use of the instant factory from the head of Ulsan-gun, and the Plaintiff transferred the instant factory to the Defendant Company around that time. 6) The Plaintiff and the Defendant Company, on July 21, 2014, increased the scale of the instant factory to the building area of 2,50,000,000 square meters, thereby ultimately modifying the instant contract.

7) The Defendant Company paid the Plaintiff KRW 1,417,00,000, out of the instant construction cost. 8) The Defendant Company agreed with the Plaintiff on August 25, 2014, that the Plaintiff and the Plaintiff paid KRW 1,083,00,000 to the Plaintiff until September 30, 2014.

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