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(영문) 부산지방법원 2018.02.22 2016가단320025
공사대금
Text

1. The Defendant: (a) KRW 141,357 to the Plaintiff Unified Construction Co., Ltd.; and (b) from June 2, 2016 to February 22, 2018.

Reasons

1. Basic facts

(1) On February 27, 2015, Busan Metropolitan City: (a) opened a new construction of the 119 Safety Center on the land (hereinafter “instant construction”) of the Gangseo-gu Busan Metropolitan Government 1 Dong 684-7, Busan, by means of a joint contract under a main contractor joint contract; and (b) Plaintiff U.S. Comprehensive Construction Co., Ltd. (hereinafter “Plaintiff U.S. Comprehensive Construction”) is a main contractor who is conducting a construction overall; and (c) the Defendant was awarded a joint bid and awarded a successful bid as a subcontractor who constructs reinforced concrete parts among the instant construction (hereinafter “instant reinforced concrete construction”).

B. On March 17, 2015, Plaintiff Undo Comprehensive Construction and the Defendant concluded a joint contract between Busan Metropolitan City and Busan Metropolitan City on the part of the instant construction with the exception of reinforced concrete construction works (hereinafter referred to as “Bresh construction part”), with the construction cost of KRW 712,742,830, and with the construction cost of KRW 127,321,220, and with the construction cost of reinforced concrete, with the total of KRW 840,064,050, and with the construction period of KRW 840,06,050, respectively, from March 26, 2015 to October 21, 2015.

After that, on March 24, 2015, the construction cost was changed to KRW 899,887,210, and the construction period was changed to November 26, 2015.

Secondly, Plaintiff U.S. Comprehensive Construction and the Defendant completed the instant construction, and the Defendant and Busan Metropolitan City settled the instant construction cost of KRW 881,661,00 on December 21, 2015. Of them, the remainder of the construction cost was set at KRW 745,767,00, and the reinforced concrete construction cost of KRW 135,894,00, respectively. The Plaintiff U.S. Comprehensive Construction and the Defendant received both payment for the construction cost settled by Busan Metropolitan City.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 5 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiffs (i) leased the tegrhum typ, water pumps, lectures, and steel tubes to KRW 26,400,000 as necessary at the construction site of this case.

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