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(영문) 창원지방법원 2020.02.20 2019가단101291
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,261,739 to the Plaintiff (Counterclaim Defendant) and its related amount from August 12, 2017 to February 20, 2020.

Reasons

1. Basic facts

A. The Plaintiff registered his/her business with the trade name “C” and mainly constructed automobile-related facilities (Seoul Vice General). 2) The Defendant ordered the Plaintiff to build automobile-related facilities (the Vice General) on the ground of 489m3m2 in Kimhae-si (hereinafter “the instant construction”).

B. 1) The Plaintiff requested the instant construction from the Defendant on December 5, 2016, and around 114,252,152,204 won (hereinafter “the instant quotation”) in total with the estimate of KRW 114,252,204, and KRW 37,900,00,000 in total, based on the estimate of the construction of the instant facilities, following the Defendant’s performance of the civil engineering (floor), the structural construction, the steel frame construction, the board construction, the basic construction, the electrical construction, the installation of the building, and the estimate of the installation of the facilities.

(2) On December 12, 2016, the Plaintiff entered into a contract with the Defendant for the construction work of this case with the amount of KRW 145 million.

(3) The main contents of the instant contract are as follows. The payment method for the construction cost is as follows: The payment method: the intermediate payment of KRW 10 million (at the time of conclusion of the contract), the intermediate payment of KRW 80,000,000,000 (after receipt of documents for completion): the construction period shall begin within three days after the commencement of the start-up, and within 70 days after the start of the start-up, and the approval of the completion plan shall be executed by the construction approved by the defendant in accordance with the construction specifications after the conclusion of the contract: even if the construction is in progress, part of the specifications may be modified, and if the defendant deems it necessary, the extension of the construction period and the increase or decrease of the construction cost shall be determined by agreement between the plaintiff and the defendant, and the defendant shall be borne by the defendant.

2 The modification of any specifications caused by the plaintiff on the part of the plaintiff during the execution shall be implemented after obtaining prior approval from the defendant.

Defect relationship: The plaintiff shall complete the inspection.

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