beta
(영문) 인천지방법원부천지원 2017.09.27 2016가단104823

청구이의

Text

1. The Defendant’s payment order against the Plaintiff is based on the Incheon District Court Branch Kimpo-si, 2015 tea, 2872.

Reasons

1. Basic facts

A. On November 6, 2014, the Plaintiff and the Defendant concluded a contract for construction works (hereinafter “instant contract”).

(Important Terms of the Contract for Construction: The construction period of the CHCCP factory construction (hereinafter “instant construction”): From November 6, 2014 to March 31, 2015: the period and method of paying the amount of KRW 1,100,000 (value of KRW 1,000,000,000, value-added tax of KRW 100,000,000): The period and method of paying the amount of the completed portion of the contract (value of KRW 1,00,000, value-added tax of KRW 100,000: the first-public works completed - the second-public works completed - the third - the fourth - after the completion of the basic construction works completed - the defect liability period after completion of the construction: Article 19 [Adjustment of the contract amount due to modification of a design]

1. Where the contents of the design document are inconsistent with the condition of the construction site, or unclear, omitted, or error exists, or where the installation of additional facilities is required due to a unexpected change in the construction work site, or where the installation of additional facilities is required due to a change in the project plan, A shall revise the design;

2. Where an increase or decrease in the quantity of construction works has occurred due to a modification of design under paragraph (1), the contract price shall be adjusted according to the following standards, and the construction period shall be extended or shortened, if necessary:

Article 22 (Partial Money)

1. If a written contract specifies a completed portion, B may request an inspection of the completed portion thereof. In such cases, A shall conduct an inspection without delay and notify B of the result thereof, and if no notification is made within 14 days, A shall be deemed to have passed the inspection; and

2. The completed portion shall be calculated based on the unit price of the calculation sheet specified in subparagraph 8 of Article 2;

Provided, That where there is no calculation statement, the calculation shall be made by agreement between A and B according to the construction progress ratio.

B. 1) On October 29, 2014, the Defendant obtained a building permit from the Kimpo-si mayor for Class II neighborhood living facilities (manufacturing establishments) on the D ground from Kimpo-si, Kimpo-si, and commenced on November 5, 2014.