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(영문) 서울중앙지방법원 2015.05.21 2014가합530742
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 3-1 to 4, Eul evidence No. 1 to 4, and Eul evidence No. 9 as a whole.

On January 6, 2009, the Plaintiff entered into a subcontract with the Defendant, who ordered the construction of the Gagdodododododododododote 1 apartment (hereinafter “instant construction”) in relation to the said electrical construction (hereinafter “instant construction”), with the construction period from January 6, 2009 to March 30, 201, and with the construction amount of KRW 2,942,97,200 (including value-added tax, and labor costs, KRW 1,242,053,739).

(hereinafter “instant subcontract”). (b)

Among the above apartment civil engineering works, the aggregate construction was partially delayed due to the high-class blasting, etc., and in the process, the plaintiff and the defendant agreed to change the contract price and construction period of the subcontract of this case as shown below.

The revised statement related to the agreement between the plaintiff and the defendant on March 18, 2011 between the plaintiff and the defendant stated that the amount of KRW 27,898,293 is increased under the pretext of the related construction cost.

27,630,700 won (labor expense: 1,445,586,314 won) increased by 227,630,70 won (labor expense: 1,474,610,940 won) in total on March 30, 2010, the date of completion of 303,983,040 won (labor expense: 1,094,194,333 won) increased by 303,983,040 won (labor expense: 1,094,194,333 won) from March 30, 201 to June 30, 2011.

C. The Plaintiff and the Defendant agreed to extend the construction period on two occasions even after the said agreement, and the completion date of the instant subcontract became October 30, 201.

On the other hand, on April 8, 2011, Il-amp Construction Co., Ltd. obtained approval for temporary use of the above apartment, and set the period from March 31, 201 to May 31, 201 as the period for designating the buyers to move into the apartment. The apartment is located in the Yongsan-si market from November 11, 201.

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