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(영문) 대전지방법원 2015.11.11 2012가합34317

공사대금

Text

1. The part of the Plaintiff’s succeeding intervenor’s claim for confirmation shall be dismissed.

2. The defendant shall be 300,671,687 won and the plaintiff.

Reasons

Basic Facts

On October 3, 2011, the Plaintiff entered into a construction contract with the Defendant (hereinafter “instant construction contract”) on the following terms: (a) the construction of a new kindergarten and a child care center (hereinafter “instant kindergarten, etc.”) on the ground (hereinafter “instant kindergarten, etc.”) on five parcels, including the 1.266 billion won (including value-added tax) for the construction cost; and (b) the construction period from October 1, 201 to December 31, 201; and (c) the construction contract with the Defendant (hereinafter “instant construction contract”).

The main contents of the standard terms and conditions of private construction contracts attached to the construction contract signed at the time of conclusion of the contract are as follows.

The main contractor (the defendant in this case; hereinafter the same shall apply) shall bear 50% of the cost of design, the cost of site survey, and the cost of dispute with the main contractor of each site adjacent to each site (the plaintiff in this case; hereinafter the same shall apply): 50% of the cost of design, and the cost of construction necessary for the remaining water, electricity, gas, etc. shall be borne by the contractor.

Alleys

3. The construction works may be delayed as a result of a natural phenomenon or a design change;

Heating

1. The heating specified in each subparagraph shall be modified in the existing specifications by gas raculation from the initial heating system: Provided, That in the case of fishing, the nacing system ( temperature cycles) may be constructed in consultation with the main week after receiving on-site inspection;

2.A astronomical heating and cooling system shall be constructed by existing drawings, and an additional increased increase shall be borne by the principal.

Humanara tesen

4. In cases of flame retardation products, such as remote areas and paints, etc., if such products are changed to the depth after the decision of the method of placing an order is made, the principal shall bear the expenses to be added;

A work executor shall grant sufficient time to make a decision with surplus for the main agent.

(Provided, That any omission in specifications shall be responsible for both the contractor at the time of erroneous order by the contractor.) shall be dealt with by mutual consultation.

Article 19 [Adjustment of Contract Price due to Modification of Design] (1) of the General Conditions for Standard Contract for Private Construction Works.