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(영문) 인천지방법원 2016.11.25 2015가합59050
공사대금
Text

1. The portion of the claim for the cost of interior construction among the counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 7, 2014, the Plaintiff concluded each construction contract (hereinafter “instant construction contract”) with the Defendant, setting the construction cost of KRW 1,815,00,00 (including additional taxes), the rate of delay in construction work amount to 20% per annum, and the period of construction from April 2, 2014 to July 31, 2014, with respect to the construction work that newly constructs two factories (A, B, and hereinafter “instant factory”) on the land of Seo-gu Incheon Metropolitan Government and D (hereinafter “instant new construction work”).

Since then, a contract was concluded between the plaintiff and the defendant on the modification of the construction cost or the construction period under the above construction contract three times as stated in the following table:

(B) The following review is conducted as to whether a contract for change has been duly concluded between the parties. The construction cost (including won and value added tax) on May 8, 2014, the construction period of the following contract (including the construction period) shall be 2,013,000,000 on May 8, 2014; from May 20, 2014 to September 20, 2014; 2,013,000,000,000 until May 20, 2014 to January 30, 2015.

Most of the new construction works of this case were executed by Nonparty E (the actual operator of Nonparty F) who was subcontracted by the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings

2. Judgment on the plaintiff's main claim

A. The Plaintiff asserts that the Plaintiff has the right to receive the unpaid construction cost (based on the increased construction cost under the modified contract) since all of the new construction works of this case were completed.

B. The construction shall be deemed to have not been completed if the construction was discontinued with respect to the cause of the claim and the last process scheduled to be interrupted has not been completed. However, the construction shall not be deemed to have completed even the last process scheduled to be original, and the construction of the main structure shall be completed as agreed and completed by social norms.

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