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(영문) 서울고등법원 2017.07.06 2016나2033521

공사대금

Text

1. The judgment of the court of first instance, including the participation of the Plaintiff’s succeeding intervenors in the trial as follows.

Reasons

1. Basic facts

A. Contract and subcontract execution 1) International construction (hereinafter “international construction”) between the defendant and the stock company

) International construction was declared bankrupt on February 7, 2014 by Suwon District Court 2014Hahap10, and was declared bankrupt by the Suwon Livestock Industry Cooperatives (hereinafter “instant construction”). The Korea Development Bank established a comprehensive distribution center for nuclear livestock and livestock products (hereinafter “instant construction”).

After jointly receiving a supply of and demand for the instant construction, the part of the reinforced concrete construction among the instant construction works (hereinafter “Plaintiff construction parts”).

As to December 15, 201, the Plaintiff and the total construction cost of KRW 1.89 billion (including value-added tax) and the subcontract for construction from December 15, 201 to July 31, 2012 (hereinafter “instant contract”).

2) The main contents of the instant contract are as follows.

Article 14 (Change and Suspension of Construction Works) (2) With respect to the volume of construction works additionally executed by A (Plaintiff) by direction of International Construction, A (Plaintiff) fails to have increased from the ordering person.

Even if it is paid to B, it shall be increased.

Article 14-2 (Change of Contract Price due to Modification of Design) (1) Where an increase or decrease in construction capacity occurs due to a request of the project owner or a design change, etc. of the contractor himself/herself, A shall adjust the contract price concerned.

(2) The adjustment of contract amount under paragraph (1) shall be governed by the following standards:

However, the same shall apply to the modification of the design from the ordering person within the scope of adjustment given by the ordering person.

1. The unit price of the increased or decreased construction works shall be the unit price indicated in the calculation sheet referred to in Article 3 (2) (hereinafter referred to as “contractual unit price”);

2. The unit price for a new item with no agreed unit price shall be determined by multiplying the unit price determined as at the time of design modification by the successful tender ratio;

3. Where the ordering person requests a change of designs, the unit price for the increased quantity or new expense item shall be equivalent to the unit price and the same unit price calculated at the time of the change of designs, notwithstanding the provisions of subparagraphs 1 and 2.