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(영문) 서울중앙지방법원 2018.11.14 2017가합544377

공사대금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 295,605,073 and the interest rate of KRW 15% per annum from July 29, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On August 31, 2015, D Co., Ltd. (hereinafter “D”) entered into a contract with the Defendant on the terms and conditions that the part of the general installation works (including fire fighting works; hereinafter “instant construction works”) among the Daejeon Logistics Center ordered by E (hereinafter “E”) and the newly constructed construction works at FF business places, which were ordered by D Co., Ltd. (hereinafter “E”), shall be set as the construction cost to the Defendant as KRW 8,690,000,000 and the construction period from August 31, 2015 to August 31, 2016.

(hereinafter referred to as the “instant prime contract”). The instant construction includes pipeline construction and ducting construction.

B. On November 16, 2015, the Defendant entered into a contract between the Plaintiff and the Plaintiff with the content that the sub-contractor should subcontract the sub-contractor to the Plaintiff during the instant construction.

(hereinafter referred to as the “instant subcontract”). Of the terms and conditions of the contract included in the instant subcontract and the terms and conditions of the contract (hereinafter referred to as the “instant general terms and conditions of the subcontract”), the parts pertaining to the instant case are as follows: - Subcontract - Subcontract - Construction - Construction period: Soft Corporation: From November 16, 2015 to August 31, 2016 - Contract Price: KRW 1.7 billion (Additional Value-Added Table) - Payment of the price:

(b) Article 21 (Adjustment of the Contract Price according to Design Change, economic situation Change, etc.) (2) of the general terms and conditions of the contract for payment within 15 days from the date of the adjustment of the subcontract price and the rate thereof (1) within 30 days from the date of the receipt of the adjustment from the ordering person in accordance with the terms and conditions and ratio of the said adjustment (2)

Where a contract amount is reduced by the ordering person, the contract amount may be reduced according to the details and ratio thereof.

(2) An increase or decrease in the contract price under paragraph (1) shall be made by the principal contractor.