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(영문) 제주지방법원 2013.10.31 2011가합616

공사대금

Text

1. The Defendant’s KRW 750,403,697 as well as 5% per annum from March 16, 2011 to October 31, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. A. On December 15, 2007, B Co., Ltd. (hereinafter “B”) entered into a design contract with an elevated architect Co., Ltd. (hereinafter “A”) on the buildings to be newly built on the land outside C and three lots of land (hereinafter “instant building”). Around July 9, 2008, the building permit for the construction of the instant building was issued from the Seopo-si Market, and around July 15, 2009, the owner in the name of the building owner was changed from B to the Defendant.

B. On June 24, 2009, the Plaintiff and the Defendant entered into a contract (hereinafter referred to as the “instant contract”) with respect to the “NES new construction works” in the aforementioned C and three parcels (hereinafter referred to as “D new construction works”). The main contents are as follows.

Standard contract for private construction works

1. The name of the construction work: the construction work of new E-rayel in D; and

3. Date of commencement: The rate of liquidated damages: 8,200,000,000 won (including value-added tax; hereinafter the same shall apply) for the contract on June 30, 2010: 10. The rate of liquidated damages for delay: Article 19 (Adjustment of Contract Price due to Modification of Design) of the General Conditions for Standard Construction Contract for Private Construction Works 1/1000 (Adjustment of Contract Price due to Modification of Design) ① If the contents of the design are inconsistent with the state of the construction site, is unclear, omitted, or erroneous, or if it is necessary to install additional facilities due to any modification of the project plan, etc., the “A” shall be amended.

(2) Where the volume of construction works increases or decreases 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 be extended or shortened

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 particulars stated in the calculation statement shall be included;