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(영문) 인천지방법원 2017.11.24 2015가합4418

공사대금

Text

1. The Defendant’s KRW 102,690,400 as well as its annual 6% from August 8, 2015 to November 24, 2017, and the following.

Reasons

Basic Facts

On February 27, 2012, the Plaintiff: (a) supplied a new construction of urban residential housing and neighborhood living building (hereinafter “instant building”) on the ground of Guro-gu Seoul, Seoul (hereinafter “instant construction contract”); (b) multiplied the total floor area (628.96 square meters, approximately 190.26 square meters) of the instant building at the time of the construction permission by KRW 3,300 per square meter (excluding value added tax).

Of the contents of the construction contract executed by the Plaintiff and the Defendant, the parts related to this case are as follows.

The name of construction contract for construction: The date of commencement of construction project on February 27, 2012 by Guro-gu Seoul Metropolitan Government: the date of completion of construction project on August 30, 2012: the amount of construction on August 30, 2012: 627,80,000 (190,000 won x 3300,000 won): The interest rate for delay in payment for 3/100: Article 19 (Adjustment of Contract Price due to Modification of Design) of the General Conditions of 6% per annum (Adjustment of Contract Price due to Modification of Design).

(2) Where the volume of construction works increases or decreases due to the modification of a design under paragraph (1), the contract price 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 under Article 8;

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;

Matters of special agreement

8. Facilities shall be installed where it is possible to return to the fifth floor; and

The plaintiff is about 124.405 square meters on the 1st floor of the building of this case.