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(영문) 대구지방법원서부지원 2016.12.06 2015가합6150

공사대금

Text

1. The Defendant: (a) KRW 199,559,359 for the Plaintiff and KRW 6% per annum from July 1, 2015 to July 29, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On June 26, 2014, the Plaintiff entered into a construction contract with the Defendant for the construction work (hereinafter “instant construction work”) with respect to the construction work of the construction work at the Seogu-dong, Daegu-dong-dong-dong 1563-2 (hereinafter “instant factory”) (hereinafter “instant construction work”).

On July 10, 2014, the Plaintiff continued construction work in accordance with the instant contract.

Article 19 [Adjustment of Contract Amount due to Modification of Design) of the General Conditions for Standard Contract for Civil Construction Works (including Value-Added Tax) at KRW 2,692,00,000 (including Value-Added Tax) on December 31, 2014: 2,692,00,000 (the date of commencement of new construction works of SGI factory: The date of completion of new construction works on July 10, 2014: The “A” (referring to the Defendant) shall be amended when the contents of the design are inconsistent with the state of the construction site, unclear, omitted, error, or when the installation of additional facilities is required due to the modification of the project plan.

(2) Where there occurs an increase or decrease in the volume of construction due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall

1. The unit price for the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 8;

2. The unit price for a new item not included in the calculation sheet shall be the unit price calculated at the time of design modification;

3. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;

B. While the Plaintiff entered into the instant construction project, the Plaintiff was performing the additional construction project upon the Defendant’s request for design change (hereinafter “instant additional construction project”); thereafter, the Plaintiff and the Defendant entered into the construction project following April 6, 2015.