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(영문) 창원지방법원진주지원 2016.02.17 2014가합10758
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. On July 4, 2013, the Plaintiff concluded a construction contract on July 5, 2013 (hereinafter “instant construction contract”) with the Defendant, a juristic person, who is engaged in an engineering work, etc., for construction work, the construction price of KRW 1,364,00,000 for the new construction work (hereinafter “instant building”) on the ground A-dong accommodation (hereinafter “instant building”). The date of commencement was July 5, 2013; the date of completion was determined on November 30, 2013; thereafter, upon the Plaintiff’s request for reduction of construction price, the Plaintiff and the Defendant reduced the construction price of the instant construction contract from KRW 1,364,00,000 (including additional taxes) to KRW 1,30,000 (including additional taxes).

B. The Defendant agreed to partially modify the design of the instant construction project and to implement the additional construction project (hereinafter “instant additional construction project”) while continuing the instant construction project in accordance with the instant construction contract.

C. The Defendant stated that the additional construction cost of the instant additional construction should be set at KRW 152,590,000 (Additional Tax separately), but the Plaintiff demanded to delete part of the additional construction cost presented by the Defendant and reduce the amount of the partial construction cost. The Defendant stated that the additional construction cost of the instant additional construction should be set at KRW 133,450,00 (Additional Tax Separate) in accordance with the Plaintiff’s demand, and the Defendant also demanded the Defendant to reduce the amount of the additional construction cost of the instant additional construction cost, which was set at KRW 121,00,000 (including Additional Tax). However, the Defendant accepted the Plaintiff’s demand and decided to partially reduce the amount of the additional construction cost of the instant additional construction cost, and the Plaintiff entered into an additional construction contract (hereinafter “instant additional construction contract”).

On March 25, 2014, the Defendant is fully conducting the last process under the instant construction project and the instant additional construction contract.

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