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(영문) 서울서부지방법원 2015.01.29 2014가합30803
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 99,588,014 to the Plaintiff (Counterclaim Defendant) and its related amount from February 25, 2014 to January 29, 2015.

Reasons

Basic Facts

The plaintiff is a company that aims at indoor decoration construction business, and the defendant is a company that aims at housing construction business, building construction business, etc.

The Defendant was awarded a contract with the Korea Rail Network Authority (hereinafter referred to as the “Authority”) for light-port A (hereinafter referred to as “original contract”). The Plaintiff received a subcontract from the Defendant for the part of reinforced concrete construction among the said construction from August 20, 2012 to December 30, 2012, with the construction cost of KRW 3,565,100,000 (including value-added tax of KRW 324,100,000).

(hereinafter “instant construction work”). The Plaintiff filed a lawsuit with the Fair Trade Commission against the Defendant regarding the construction cost of the instant case.

On August 23, 2013, the Plaintiff and the Defendant agreed upon the settlement amount as KRW 1,174,680,622 of the instant construction works, and the contract amount as KRW 2,961,569,654 of the instant construction works, with the said settlement amount as the secondary construction works, with the said parts being executed as KRW 2,961,569,654, as follows (hereinafter “instant agreement”).

For the purposes of the Union

1. The settlement contract for the primary construction project shall be fixed at 2,961,569,654 terms and conditions as the contract amount for the secondary construction project;

2. The plaintiff complies with the absolute air of the agreement.

(Observance of Standards for Contract Terms). 3. After the settlement ( August 23, 2013), the settlement of accounts after consultation shall be settled.

4. The terms of the agreed amount are composed of the conditions that would not raise any objection against the enemy 600 million on the side of G&C. 5. The details of the base month as of the end of July among the criteria presented.

6. Of the specifications, construction costs (contract standard preparation) shall be increased or decreased according to the contract volume settlement, on condition that other terms and conditions than the contract and other (work cost) cost shall be improved.

7.8.23 On and after the date, operations shall comply with the fairness of the contract and shall be in accordance with Article 24.1 of the General Conditions for the Subcontract.

8. The statement of accounts requested to be submitted on August 6, 2013 is the settlement contained in this description.

9. Cases brought a lawsuit to the Fair Trade Commission.

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