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(영문) 부산지방법원동부지원 2020.02.05 2018가단207450
공사대금
Text

1. The Defendant’s KRW 84,700,000 as well as 5% per annum from November 1, 2016 to February 5, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 4, 2015, the Defendant and C Co., Ltd. (hereinafter “C”) were awarded a contract with D for the remaining construction works except for civil engineering works among the construction works that newly build a neighborhood living facility of the 10th floor above the ground level of the 10th underground floor (hereinafter “instant building”) on a parcel of land outside Busan Jung-gu, Busan (hereinafter “instant building”) from November 4, 2015, with the period of construction fixed from November 4, 2015 to May 31, 2016.

B. On December 20, 2015, the Plaintiff received subcontracting from the Defendant during the period from December 20, 2015 during which the contract amount of 169,40,000 won for the construction of machinery and equipment (including fire-fighting system construction) and the construction period from December 20, 2015 to May 31, 2016.

(hereinafter referred to as “instant subcontract”). (c)

D The instant building is to be newly constructed by extending it to the size of the 12th underground floor and the 12th ground. On July 15, 2016, the Defendant and the Defendant concluded a contract for the instant building by setting the contract amount of KRW 500,500,000 and the construction period from July 15, 2016 to September 15, 2016.

Around that time, the Defendant ordered the Plaintiff to subcontract the construction of machinery and equipment including the fire fighting construction among the above additional construction works, and accordingly, the construction amount under the instant subcontract was increased to KRW 260,700,000.

However, in order for the Defendant to undergo a completion inspection on fire-fighting works due to the absence of a license for fire-fighting system installation business, the contract entered into between D and fire-fighting system chain, which is the owner of the building, and the Plaintiff and D to enter into a contract for the alteration of the construction works under the subcontract between the Plaintiff and D.

E. On October 2016, the Plaintiff completed the construction of machinery, including fire fighting construction, among the new construction works of the instant building (including expansion parts).

【Evidences 1 through 5, 1, 2, 7, and 12 (including additional numbers, if any) shall be written.

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