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(영문) 서울고등법원 2016.09.30 2015나2071571

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 15, 2013, the Defendant entered into a contract with Liberian Electric Co., Ltd. (hereinafter “Nonindicted Company”) under which “A-type city residential housing and officetels construction works” was awarded on the ground of Gangdong-gu Seoul Metropolitan Government (hereinafter “instant prime contract”). The main contents of the terms of the instant prime contract are as follows.

Article 6 (Amount of Contract for Construction Work and Terms and Conditions of Payment for Construction Site) ① The contract amount for construction work to be paid to the “Defendant” shall be KRW 2,576,700,000 (including value added).

Article 12 (Construction Design, Supervision, etc.) (1) In case of a change in the design of building permit, the term "outboard company" and "Defendant" shall be consulted in advance.

Article 13 (Standards for Construction and Completion) (1) The standards for construction of “Defendant” shall be based on the books presented by “Nonindicted Company”.

Article 19 (Adjustment of Amount of Construction Works) In any of the following cases, "Defendant" shall notify the "Nonindicted Company" in writing and the "Nonindicted Company" and "Defendant" shall adjust the amount of construction works under Article 6 by mutual agreement:

1. Where there is an increase in the construction cost for modification of a design at the request of the "foreign company";

2. Where it is inevitable to revise a business plan due to amendment, etc.;

3. No adjustment of the above amounts of construction other than paragraphs 1 and 2 above shall exist.

B. On June 7, 2013, the Defendant entered into a contract (hereinafter “instant subcontract”) with the Plaintiff to subcontract “the part on machinery and equipment and the fire-fighting installation works” (hereinafter “instant construction works”) among the said contracting works (hereinafter “instant subcontract”), and the main contents thereof are as follows.

4. Period of construction: Period of construction: 386,250,000 won (including value-added tax) on June 7, 2013, and March 30, 2014;

6. Payment of the price;

(c) design changes;