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(영문) 수원지방법원 성남지원 2017.04.25 2014가합206217

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The name of the instant construction contract for the instant construction project: The date of commencement of construction for a newly built warehouse at Gwangju City: The contract amount on March 31, 2014: Article 12 (Adjustment of Contract Price due to Modification of Design) of the General Conditions (Additional Table) (Adjustment of Contract Price due to Modification of Design) under Article 973,000,000 won (Additional Table) (1) of the contract amount on March 31, 2014, where the contents of the design are inconsistent with the state of the construction site, unclear, omitted, or error, or where the installation of additional facilities is required due to the modification of the project plan, etc., the Defendant 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 according to the following standards, and if necessary, the construction period shall be extended or shortened

1. The unit price of the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets;

2. The unit price for a new item not included in the calculation sheet shall be the unit price calculated at the time of design modification;

3. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;

Article 19 (Defect Security) (2) The plaintiff shall repair all defects arising from the relevant construction during the period of warranty liability stipulated in the contract from the date the defendant acquired all the objects and the date the completion inspection is completed, whichever comes first.

Article 22 (Cancellation, etc. of Contracts by Defendant) (1) In cases falling under any of the following subparagraphs, the Defendant may cancel or terminate all or part of the contract:

1. Where the Plaintiff fails to commence construction works even after the period for commencement agreed upon has elapsed without any justifiable ground;

2. Where it is evident that there is no possibility to complete the construction before the completion date due to the plaintiff's responsible cause.

4. Other terms and conditions of the contract are violated.