beta
(영문) 부산고등법원(창원) 2020.08.13 2020나10445

공사대금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Concluding and building a shipbuilding contract 1) The Plaintiff submitted to the Defendants a quotation of KRW 988,470,000 on one of the vessels with respect to the construction of the vessel (excluding value-added tax). On January 11, 2017, two vessels (D, elected number E, F, and hereinafter referred to as “each of the instant vessels”).

With respect to the term of contract, from February 20, 2017 to June 30, 2017, the shipbuilding contract (hereinafter “the instant contract”) is determined as KRW 1.9 billion of the total construction amount (excluding value-added tax), and is called “the instant contract.”

The Defendants (hereinafter referred to as “A”) placed an order for construction works are as follows: (a) the basic contract for construction works (main text) and the Defendants (hereinafter referred to as “A”).

) both the Plaintiff and the Plaintiff (hereinafter referred to as “B”).

Article 5 (Amendment of Contracts) ① A and B may modify the terms and conditions of an individual contract by mutual agreement, and in such cases, Gap and B shall deliver to B documents stating the modification. <2> A and B shall, at the request of the ordering person, deliver in advance a modified contract if it is deemed necessary to modify or add the terms and conditions of the contract at the request of the ordering person. < Amended by Act No. 19 (Amendment of Contracts) ① A and B may modify the terms and conditions of the contract at the request of the ordering person, or if it is deemed necessary to modify or add the terms and conditions of the contract at the request of the ordering person, Gap and B may modify the terms and conditions of the contract by mutual agreement with their signature and seal of this basic contract and individual contract. ② In the event of the modification of the contract as referred to in paragraph (1), if it is necessary to adjust the subcontract price due to the modification of the terms and conditions of the contract due to the modification of the form, work period, work quantity, etc., Gap and B shall reasonably adjust the subcontract price due to the modification of the contents of the contract.

(2) The contract amount;