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(영문) 대구고등법원 2015.10.22 2013나4006

공사대금

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is running an engineering work business, etc. and the defendant's general waste treatment business, etc. respectively.

B. On January 15, 2010, the Plaintiff entered into a contract and changed the contract. (1) On January 15, 2010, between the Defendant and the Defendant, the Plaintiff is deemed to have been “JD” (hereinafter “instant treatment facilities”).

(1) The construction of the instant construction project (hereinafter referred to as “the instant construction project”)

(1) The standard contract for private construction works (hereinafter referred to as “instant contract”) with the terms and conditions that “construction cost of KRW 7,790,000,000 (including value-added tax),” which shall be determined on January 15, 2010 and October 30, 2010 as the date of commencement of the relevant project, shall be determined and paid as the date of completion of the project.

Article 17 (Adjustment of Contract Amount due to Modification of Design) (1) When the contents of a plan do not coincide with or unclear with the state of the construction site, when there is an omission or error in the plan, or when the installation of additional facilities is required due to the modification of the project plan, etc., the defendant shall modify the plan. (2) When the construction quantity has been increased or decreased due to the modification of design under paragraph (1), the contract amount shall be adjusted according to the following standards, and the construction period shall be extended or shortened if necessary, the unit price of the increased or decreased construction shall be determined based on mutual consultation. 1. The unit price of the new item not included in the calculation sheet shall be determined based on the unit price on the calculation sheet. 2. 3. Administrative expenses, profits, etc. for the increased or decreased construction work shall be applied. Article 23 (Payment of Price)