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(영문) 서울서부지방법원 2019.10.18 2018가단221495
공사대금
Text

1. The Defendant’s KRW 20,029,643 as well as the Plaintiff’s KRW 6% per annum from July 11, 2018 to October 18, 2019.

Reasons

1. Facts of recognition;

A. On December 28, 2015, the Plaintiff entered into a contract for construction works (hereinafter referred to as “instant contract”) with the Defendant (National Armed Forces Finance Management Board”) for the term “B” (hereinafter referred to as “instant construction works”) from December 28, 2015 to December 27, 2017, with the first contract amount of KRW 900,000,000,000,000, the date of commencement; the date of completion; the date of completion; April 30, 2016; the total amount of construction works; the amount of construction works; KRW 9,022,267,110; the contract period; and the term of the contract from December 28, 2015 to December 27, 2017.

(hereinafter referred to as the “general contract” and the “number of borrowed-water contracts” are divided into the instant contract and the instant contract. (b) The instant contract is classified into a general contract and the instant contract.

On December 27, 2017, the Plaintiff completed construction works under the three-party contract, and on March 5, 2018, the Plaintiff entered into and changed the four-party contract with the Defendant for the instant construction works. The major changes are as follows.

The amount of 4th unit contract amount on or around March 2018: The amount of 311,364,410 won for the total construction period: the amount of 9,366,107,640 won for the fourth unit contract period: the total contract period from March 5, 2018 to March 30, 2018: the total contract period from December 28, 2015 to March 30, 2018: the amount of 35th unit contract on March 23, 2018: 389,360,080 won for the total construction period: 9,44,410 won for the total construction period: 37,79,670 won for the total construction period; 45,670 won for the total construction period: the total contract period from March 5, 2018 to March 23, 2018; 201.

Around May 30, 2018, the Plaintiff filed an application for the adjustment of a contract price with the Defendant on the ground that an indirect construction cost was additionally incurred as the deadline for completion was changed from December 27, 2017 to May 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 4, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is not a long-term continuing construction contract, but a continuing expenditure contract.

However, the instant construction project is from December 28, 2015 to December 27, 2017.

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