공사대금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 29, 2014, the Defendants, who entered into a subcontract and status of the parties, are construction companies that contracted “D” installation projects ordered by the Busan Metropolitan City Construction Headquarters, and the Plaintiff entered into a contract with the Defendants to accept a subcontract (hereinafter “instant subcontract”). On May 29, 2014, the Plaintiff entered into a contract with the Defendants to set the contract amount of KRW 85,700,000 for the construction work period from June 2, 2014 to October 31, 2015, with the soil-free facility construction using the “PS-S Construction Act” (hereinafter “instant construction contract”).
The main contents of the instant subcontract are as follows.
Article 14 (Change or Suspension of Construction Works) (1) The Defendants shall deliver to the Plaintiff a modified contract, etc. in advance when the contents of construction are modified or added at the request of the project owner, or when the performance of construction works is suspended in whole or in part.
(2) The Defendants did not increase the construction volume additionally performed by the Plaintiff under the direction of the Defendants from the ordering person.
Even if the plaintiff is increased, it shall be paid to the plaintiff.
3. The plaintiff may not demand the change of the contract amount or refuse construction on the grounds that the contract amount is not well-founded after the conclusion of the contract other than the grounds for the adjustment of the contract amount specified in the contract.
Article 14-2 (Change of Contract Amount due to Modification of Design) (1) The Defendants shall adjust the contract amount concerned in case where there occurs an increase or decrease in construction volume at the request of the ordering person, or the modification of design by the Defendants
(2) The adjustment of a contract price under paragraph (1) shall be governed by the following standards:
However, the same shall apply to the modification of a design from the ordering person within the scope adjusted by the ordering person.
1. The unit price for the increased or decreased construction works shall be indicated in the calculation sheets under the provisions of Article 3 (2);