공사대금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff is a company engaged in housing construction business, construction business, etc., and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in petroleum sales business, etc.
On October 25, 2011, the Plaintiff received a contract from the Defendant Company for the construction work of constructing a gas station building on the ground of Pyeongtaek-si, with the construction cost of KRW 695 million, the construction period from November 3, 2011 to March 30, 2012, and the construction cost of the relevant gas station building is to be paid after construction of the said gas station building and receiving a loan from a financial institution as collateral. If there is any balance of the construction cost, the Plaintiff agreed to set the amount equivalent to the remainder of the construction cost as a lease deposit and operate the said building by leasing and operating the gas station building from the Defendant Company to cover the balance of the construction cost.
(2) On November 29, 201, the Plaintiff: (a) concluded a contract with the Defendant Company for the construction of an additional construction cost of KRW 70 million (excluding value-added tax); (b) from November 28, 201 to February 29, 2012; and (c) concluded a contract for the expansion of the entry into the instant gas station (hereinafter “instant expansion project”); and (d) collectively, “the construction of the instant gas station” and “the expansion of the entry into the instant gas station” collectively collectively; and (e) Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the Defendant Company’s obligation due to the existing construction.
Article 19 (Adjustment of Contract Amount Due to Modification of Design) (1) In case where the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or where the installation of additional facilities is required due to a modification of the business plan, etc., the defendant company shall modify the design.
(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, and if necessary, the construction period shall be extended.