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(영문) 창원지방법원마산지원 2016.04.27 2015가단100849
공사대금
Text

1. The Defendant’s KRW 15,321,00 for the Plaintiff and KRW 5% per annum from January 11, 2013 to April 27, 2016.

Reasons

1. Basic facts

A. On July 4, 2012, the Plaintiff entered into a contract with the Defendant for construction work “B” on the land (hereinafter “instant construction work”) on the following grounds: (a) the construction cost of KRW 907,00,000; and (b) the construction period from July 11, 2012 to October 31, 2012 (hereinafter “instant contract”); (b) the general terms and conditions of the contract for private construction works; (c) the design and calculation statement; (d) the design drawings into the instant contract.

B. On October 30, 2012, the Plaintiff extended the construction period of the instant contract to December 10, 2012 (hereinafter “the first modified contract”), and subsequently agreed to increase the construction cost to KRW 932,00,000, including the construction cost of water transformation equipment, etc. (hereinafter “the second modified contract”).

On December 27, 2012, the Plaintiff completed the instant construction project, and the remainder payment date of the instant contract is within 14 days after completion of the completion inspection (approval).

[Reasons for Recognition] Unsatisfy, each entry in the evidence of Nos. 1 to 4 (including virtual numbers) and the purport of the whole pleadings

2. Part of a stone shed construction work;

A. (i) In order to protect the slope of the river of the instant construction works, the Plaintiff accumulated a stone embankment on the existing stone embankment in order to preserve the slope of the river of the instant construction works, and newly stockpiled a stone embankment around the wastewater treatment site.

(hereinafter referred to as “the instant stone construction”). The instant stone construction is separate from the parking lot construction and packing construction under the instant contract or the wastewater treatment plant construction, and the construction cost calculated on the basis of the construction result is KRW 15,321,00.

Article 39(2) of the General Conditions of the Contract for Civil Construction Works provides that “Any matter other than the details of the design modification and estimate shall be settled, and the Plaintiff (A) may claim the Defendant (A) for the modification of the contract and the additional cost, and the Defendant (A) shall pay to the Plaintiff (A).”

[Reasons for Recognition]

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