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(영문) 부산지방법원 2017.02.09 2016가단27364
공사대금
Text

1. The Defendant’s KRW 30,960,486 as well as 5% per annum from May 21, 2016 to February 9, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On March 23, 2015, the Defendant is the Korea District Office of Education to establish a new kindergarten for cancer (hereinafter referred to as “the Korea District Office of Education”) on March 23, 2015.

(2) The Defendant and the Gangwon-do Office of Education entered into a modified contract on October 27, 2015, under which the date of completion of new construction works for the entrance cancer was changed to November 24, 2015, and the completion date was changed to November 24, 2015, on April 1, 2015, the date of commencement, October 27, 2015, and the date of completion, October 27, 2015.

3) On November 23, 2015, the Defendant and the Gangwon-do Office of Education entered into a modified contract with the content that the construction cost of the new kindergarten construction work was changed on December 1, 2015 to December 1, 2015. The construction cost was changed by reviewing the number of working days due to the margin during the construction period, on the grounds of the omission of the volume of the basic file construction work, disposal of the construction site reclamation, and partial change in construction work. (B) On October 26, 2015, the Plaintiff submitted a written estimate on the installation of a wall-type retaining wall and landscaping stone (hereinafter “instant construction work”) to the Defendant on October 28, 2015, and received a subcontract from the Defendant for the instant construction work as KRW 53,000,000 (including value-added tax).

2 The Plaintiff completed the instant construction work on December 21, 2015, but did not receive any balance of 47,720,310 won from the Defendant.

C. The Gangwon-do Office of Education that imposes penalty for delay on the Gangwon-do Office of Education shall treat the date of completion of new construction of cancer on December 31, 2015 as December 16, 2015, and recognize the construction period from December 17, 2015 to December 21, 2015 as minor supplementary construction works, and treat it as completion date from December 1, 2015 to December 16, 2015, respectively.

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