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(영문) 의정부지방법원 2014.07.10 2013가합8486

공사대금 등

Text

1. The Defendant’s KRW 581,245,204 as well as 6% per annum from June 2, 2012 to July 10, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around December 2009, the Defendant agreed on the construction contract between the Defendant and the Construction Co., Ltd., with the urban planning road (2-201 line) (2-201 line) (387 line from the Namyang-si) around December 2009, and entered into a subcontract with the construction contract amount of KRW 2.684 million (including value-added tax; hereinafter the same shall apply) to the Construction Co., Ltd. and the construction period of construction to the Construction Co., Ltd. on April 24, 2010. < Amended by Presidential Decree No. 22684, Apr. 15, 2010>

B. On April 15, 2010, the Plaintiff reported the subcontracting and alteration contract for the instant reinforced concrete construction works (hereinafter “instant reinforced concrete construction”) from the Defendant on April 15, 2010.

Article 4-2 (Prohibition of Determining Unreasonable Subcontract Price) of the Standard Subcontract Agreement for Construction Works (Attachment) on April 15, 2010, and August 21, 201, 201, 1) the Co., Ltd. (hereinafter referred to as “A”) issued a written guarantee of contract (including the amount of KRW 36,300,000,000) around that time. The contract amount of KRW 363,00,000,000 (including value-added 33,00,000,000) was commenced.

(1) Article 14-2 (Adjustment of Subcontract Price Following Design Alteration, etc.) (1) Where any increase or decrease in the volume of construction works has occurred at the request of the ordering person, or due to design modification, etc., of the said person, the relevant contract price shall be adjusted.

(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 the design from the ordering person to the extent adjusted by the ordering person.

1. Article 3 (2) shall apply to the unit price of the increased or decreased construction works;