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(영문) 수원고등법원 2020.07.02 2019나16099

공사대금

Text

1. Plaintiff 1 among the parts against the Defendants in the judgment of the court of first instance, falls under the following amount ordered to be paid.

Reasons

1. The grounds for this part of the underlying facts are as stated in the part on “1. Basic Facts” among the grounds of the judgment of the court of first instance, except for cases where the reasoning is written or added as follows, and thus, they are cited as they are in accordance with the main sentence of Article 420 of the Civil Procedure

The third-party 11 of the judgment of the first instance (hereinafter referred to as “the following”) shall be added as follows:

The term "the subcontract contract of this case" shall be referred to as "the subcontract of this case", and the third side of the judgment of the first instance shall be added as follows:

“The general terms and conditions of the construction subcontract agreement attached to the instant subcontract agreement” are as follows:

(A) Article 6 (Transfer of Rights and Obligations). 1. A (Defendants) and B may not transfer or succeed to any rights and obligations arising from this Agreement to a third party.

Provided, That this shall not apply where a written consent of the other party is obtained.

Article 14-2 (Change of Contract Price due to Modification of Design) (1) Where there occurs an increase or decrease in the volume of construction works at the request of the ordering person or upon his modification of design, etc., A shall adjust the contract

Where the volume of construction work increases or decreases according to Gap's direction, Gap and Eul shall determine the price for the increased or decreased volume of construction work before performing the construction work.

Provided, That where it is impossible to determine the price in an urgent situation or in advance, A and B shall immediately determine the price after completion of construction by mutual agreement.

(6) In adjusting the subcontract amount due to a modification of design, where Party A pays an additional amount in excess of 15 days from the date of receiving the additional amount, the discount fees for the period from the date of receiving the additional amount to the maturity date after 15 days from the date of receiving the additional amount in bills, and the discount fees (referring to the discount fees determined and publicly announced by the Fair Trade Commission; hereinafter

Article 21. Subcontract Price.