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(영문) 광주지방법원해남지원 2016.03.16 2013가합3099
공사대금
Text

1. The Defendant’s KRW 1,665,306,00 for the Plaintiff and KRW 5% per annum from October 29, 2013 to March 16, 2016.

Reasons

1. The unit price for each type of basic fact: The unit price of KRW 15.30 million in 2.6 million in cubic meters of general cancer, KRW 3.978 million in cubic meters of KRW 35.00,000 in cubic meters of KRW 14.9 billion in cubic meters of KRW 4.9 billion in cubic meters of KRW 4.5 billion in cubic meters of the total of KRW 6 billion in cubic meters of 15.8 billion in cubic meters of the volume of basic fact;

A. On August 14, 2007, the Plaintiff and the Defendant concluded a contract with the Defendant to accept a subcontract for construction costs of KRW 14.878 billion in total (excluding value-added tax) as shown in the following table with respect to the cutting, banking, ground-breaking, cutting, exhauster, transport, and blasting of the local industrial complex in Jindo-gun, which was contracted by the Defendant from the K-gun Co., Ltd. and the shipbuilding construction in the shipbuilding yard (hereinafter “instant construction”).

(A) Evidence No. 1). (b)

During the Plaintiff’s execution of the instant construction project, the Defendant transferred the construction cost of KRW 9,637,05,230 in total to the post office deposit account (D) in the Plaintiff’s name and the deposit account (E) in the Fisheries Cooperatives Act from September 27, 2007 to October 12, 2009. However, the fisheries cooperatives deposit account was opened on January 15, 2008.

(No. 5-12)

C. On May 28, 2008, the Plaintiff and the Defendant drafted the following modified contract concerning the instant construction project (hereinafter “instant modified contract”).

(A) Construction period: (B) on August 15, 2007 from the beginning of August 15, 2007 to the beginning of August 15, 2007 (amended on August 15, 2008) on June 30, 2009: the contract amount of KRW 14.78 billion (the beginning) on August 15, 2007; (b) on June 30, 17.78 billion in total; (c) on the initial unit price of KRW 1.58 billion in total; (d) on the unit price of KRW 1.58 billion in total; (e) on the initial unit price of KRW 1.530 million in cubic meters from 1.53 billion in cubic meters; (e) on the initial unit price of KRW 300,000 in 30,000 in cubic meters from 1.830,000,000 won in cubic meters; (e) on the two million five billion cubic meters or more in cubic meters.

6. Quantity and unit price of the modified design (excluding value-added tax);

7. Ground for the change of contract amount and construction period.

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