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(영문) 대구지방법원 2016.11.25 2015가합205011
공사대금
Text

1. The Defendant’s KRW 426,350,00 for the Plaintiff and KRW 6% per annum from January 24, 2015 to July 13, 2015, and the following.

Reasons

1. Determination as to the claim

A. Review of the facts without dispute over recognition, Gap evidence 1 (including paper numbers), Gap evidence 2 and 3, and the following facts are recognized:

(1) On July 25, 2014, the Plaintiff prepared a contract agreement with the Defendant to determine the amount of KRW 1,012,00,000 (including value-added tax) for the construction of a new A neighborhood living facility at racing from the Defendant and supply and demand of the Plaintiff.

(hereinafter “instant contract” and “instant contract” are based thereon. Standard contract for private construction works

1. Name of construction: New construction works of racing A neighborhood living facilities;

2. Construction site: Two brassssss of 13 block in the urban development project district in racing-si.

3. Date of the beginning of the year: July 28, 2014.

4. Date scheduled for completion: November 24, 2014.

5. Contract amount: KRW 1,000,000,000 per day (including KRW 1,012,00,000, and value added tax) (2) the Plaintiff and the Defendant drafted a contract for the modification of the construction work to modify the content of the instant contract around November 30, 2014 as follows:

The "TK Industry Development of a stock company" and the "stock company space", which are the principal contractor of a contract for the alteration of construction works, shall conclude a contract for the alteration of construction works as follows:

Article 2 (Amendment of Contracts) Amendment to Original Contracts shall be as follows:

The principal contractor who has changed the original contract amount from July 28, 2014 to December 31, 2014: C principal contractor: (3) The Plaintiff received from the Defendant or D an aggregate amount of KRW 585,650,000 based on the instant construction contract during the construction period from July 28, 2014 to November 24, 2014, KRW 585,000,000, KRW 100,000,000, KRW 2000 per day.

B. (1) The interpretation of a declaration of intention establishes the objective meaning given by the parties to the act of indication, and the parties to the contract have the content of the contract.

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