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(영문) 수원지방법원 2016.04.07 2013가합19857
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Defendants established a “M-si Development Promotion Council” in order to build a factory to be used by the Defendants in Pyeongtaek-si Mountainous District around 2007.

B. On November 21, 201, the Plaintiff was awarded a contract for the new construction of a factory from the Defendants as of December 21, 201, for the construction cost of KRW 5,513,200,000, advance payment of KRW 300,000,000, and the commencement date of the construction work as of December 23, 201 and October 31, 2012.

C. On July 31, 2013, the Plaintiff and the Defendants changed the construction amount of the instant construction amount to KRW 6,561,00,000, and extended the construction period to December 31, 2013. Meanwhile, upon entering into an additional construction contract, the Plaintiff and the Defendants increased the construction amount to KRW 7,589,067,00.

On July 25, 2014, the Plaintiff and the Defendants determined the balance of the construction cost as KRW 523,736,976 after the payment of the work cost.

E. On August 28, 2014, the Defendants ordered construction promotion and reconstruction to the Plaintiff, which included 37 items among the instant construction works were non-construction and defective construction.

F. On September 11, 2014, the Plaintiff N in the site director and the head of the O of the Defendant K K Co., Ltd. (hereinafter “Defendant K”) agreed on September 11, 2014 that the Plaintiff will complete the construction work and undergo the completion inspection after the completion of the construction work.

G. Defendant K and the Plaintiff added KRW 523,736,976 of the remaining construction cost, which was established on October 7, 2014, to KRW 9,420,00,000, the Defendants paid to the Plaintiff after July 25, 2014 (i.e., KRW 100,000,000 on July 31, 2014). Around 273,156,976, which was the remainder of the construction cost, the Defendants paid to the Plaintiff (i.e., KRW 10,000,000,000 on September 50, 2014). The agreement was reached to determine the remainder of the construction cost as follows (hereinafter “instant agreement”).

[Conditions of Prohibition of Balance] 110,000,000 won in the first place: it shall be paid until October 30, 2014, and shall be notified by the Defendants on August 28, 2014.

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