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(영문) 광주지방법원순천지원 2016.02.05 2014가단13543
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From July 6, 2009 to May 5, 2010, the Defendant: (a) set the construction period as from July 6, 2009 to May 5, 2010 with respect to the E-construction work, which is a facility under the Defendant’s control, (hereinafter “instant construction work”); and (b) written two construction contracts between the Defendant and C (hereinafter “C”) selected as a contractor through a public tender on July 8, 2009; and (c) the construction cost on the same day is KRW 1,686,00,000 and KRW 1,920,524,000.

AB concluded the agreement.

As to the instant newly-built construction works, the Defendant drafted a modified contract with C, setting the construction cost of KRW 1.8 billion on June 23, 2010 (including value-added tax) and the period from September 6, 2009 to September 30, 2010, and the new construction works in this case were suspended from September 9, 201, the construction period of KRW 1.8 billion on the construction cost, and from September 9, 201 to November 30, 201, and were deemed resumed from December 27, 201.

The contract for the second modified construction works was concluded, and the parts related to this case in each of the above contracts are as follows:

<하자담보책임> - 토목/건축 : 지반/콘크균열/방수/샷시, 엘리베이트/기타공정별전체 - 소방 : 센셔작동/스프링쿨러, 기타공정별전체 - 전기 및 통신 : 공정별전체 <특약사항>

1. The contract set forth as KRW 1,920,524,00 for the construction cost on July 8, 2009 shall be null and void, and the contract shall remain effective on June 23, 2010.

The above construction cost of KRW 1.8 billion was 1,552,388,00 and the Defendant’s self-paid cost of KRW 247,612,00.

B. F and the Plaintiff drafted a standard contract for construction works (hereinafter “instant contract”) with the following terms and conditions as the preparation date was March 10, 2012.

1. Construction name: Civil engineering works for a unit related to a new E-construction project (excluding a new building’s outer packing, septic tank structure and retaining wall);

3. Hours of construction: From March 10, 2012 to April 18, 2012; 59 million won;

5. Payment of construction cost by April 30, 2012: up to May 29, 2012.

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