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(영문) 서울중앙지방법원 2018.07.18 2017가합577193

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 391,375,600 to the Plaintiff (Counterclaim Defendant) and its related amount from November 15, 2017 to July 18, 2018.

Reasons

1. Basic facts

A. The plaintiff is a company established on September 16, 200 for the purpose of running film production and distribution business. The defendant is a company established on August 18, 2000 for the purpose of running civil engineering, construction, road packing, steel re-installation, electricity heating and cooling business.

B. On August 30, 2016, the Plaintiff entered into the instant contract and the first amendment contract. (1) On August 30, 2016, the Plaintiff’s death house (hereinafter “instant building”).

2) The construction work newly built in Category D and E (hereinafter “instant construction work”).

(B) The construction period is from September 1, 2016 to December 30, 2016, and the construction price is KRW 1,320,00,000 (including value-added tax, and the same shall also apply hereinafter in the absence of any separate entry).

In addition, the rate of liquidated damages is set at 0.1% per day, while setting forth the following detailed conditions (hereinafter “instant contract”). Article 13 (Extension of Work Period) ① Where the performance of construction is delayed due to reasons not attributable to the Plaintiff, such as natural disasters or force majeure events, the Defendant may demand the Plaintiff to extend the construction period.

Article 16 (Adjustment of Contract Amount Due to Modification of Design) (1) When the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances in relation to construction occur or the project plan is modified, the design shall be modified.

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

1. The unit price of the increased or decreased construction works shall be based on the unit price indicated in the detailed statement of construction price referred to in Article 6;

2. The unit price for a new item not included in the detailed statement of construction price shall be the unit price computed as at the time of design modification; and

3. General management expenses and profits for increased or decreased construction works shall be governed by the rate indicated in the certificate of internal history.