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(영문) 서울고등법원 2015.02.12 2014나10870

손해배상(기)

Text

1. Of the judgment of the court of first instance, the judgment against the Defendant (Counterclaim Plaintiff) that ordered payment of the following amounts.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. A period for construction of basic facts: An advance payment for the price of KRW 452,100,00 (including value-added tax): 179,300,000 (including value-added tax) for the construction of steel-based containers on or before April 11, 2012, which was completed on or after August 26, 2011: The payment shall be made in accordance with the details and ratio of the advance payment made from the ordering person, or within 15 days from the date of receipt of the order or contract: The payment made in advance shall be made in accordance with the receipt of the order location, and the item and quantity of the payment made once a month, and the cost and quantity of the steel-based container construction other than the block supply material: The steel-line supply material - General subcontract condition - Article 14 (Change or Suspension of Construction; hereinafter the same shall apply) upon the request of the ordering person, and shall be made in advance to the Plaintiff (hereinafter the same shall apply);

If it is deemed necessary to extend or reduce the construction period or to increase or decrease the contract price, it shall be determined in consultation with B.

(2) An increase or decrease in the contract amount under paragraph (1) shall comply with the following standards within the extent of the adjustment given by the ordering person:

1. The unit cost of the increased or decreased construction works shall be the unit cost indicated in the calculation sheet under the provisions of Article 3 (2) (hereinafter referred to as the “contractual unit cost”);

2. The unit price for a new item with no agreed unit price shall be determined by multiplying the unit price determined as at the time of design modification by the successful tender ratio;

(4) A shall not be increased from the ordering person, for the additional construction volume under the direction of A.

Even if it is paid to B, it shall be increased.

(5) B shall not demand any change in the contract amount or refuse construction, on the grounds that the terms and conditions of the contract are unknown, dumping acceptance, etc. after concluding a contract other than grounds for adjusting the contract amount provided for in Article 14 or 15.

Article 22 (Advance Payment) (1) A shall make advance payment, as stipulated in the contract.