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(영문) 수원지방법원 2014.11.25 2013가합716

가설재임대료등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On June 26, 2011, Defendant Geum River Construction Co., Ltd. (hereinafter “Defendant Geum River Construction Co., Ltd.”) contracted the construction of the facilities installed in Mosung City D from the Marine Corps headquarters, and entered into a subcontract on June 26, 201 with respect to reinforced concrete construction during the said construction (hereinafter “instant First Contract”) (hereinafter “instant First Contract”).

【Standard Subcontract Agreement for Construction Works】

1. The ordering person: The order for the construction work by prime contractor which is accompanied by the Marine Corps No. 9691: 11-Cuk-02 facilities construction work;

2. Name of subcontractor: Construction of reinforced concrete;

4. Construction period: Amount of contract on June 30, 201, June 27, 2011: 385,000,000 won: Value of supply in the case of 350,000,000 won / Value-added tax: 35,000,000 won.

6. Payment of the price;

(c) Adjustment and payment of consideration following design changes, economic situation changes, etc.: Coordination and payment in proportion to the details and rate adjusted by the ordering person;

8. Contract deposit: 38,500,000 won (main sentence of the construction subcontract) Article 14-2 (Change of the contract amount due to Modification of Design) (1) When there occurs an increase or decrease in the volume of construction due to a request of the ordering person, or his modification of design, etc., the relevant contract amount shall be adjusted;

(5) Where the volume of construction works increases or decreases according to the orders of the comprehensive construction of the defendant Geum River, the comprehensive construction of the defendant Geum River and C shall determine the price for the increased or decreased volume of construction works before the construction works are performed.

However, if it is impossible to determine the price in advance or urgent circumstances, the comprehensive construction of defendant Geum River and C shall immediately determine the price after completion of construction by mutual agreement.

Defendant Yangyang Construction Co., Ltd. (hereinafter referred to as “Defendant Yangyang Construction Co., Ltd.”) is awarded a contract for the construction of facilities to be installed in E (hereinafter referred to as “instant Second Jeju Construction”) from the Marine Corps headquarters in esisung, and between C and C on September 22, 2011.