공사대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Basic Facts
The plaintiff is a company that operates civil engineering and construction business, etc., and the defendant is a company that operates real estate rental business, machinery and equipment construction business, etc.
On June 30, 201, the Plaintiff and the Defendant, including the conclusion of the contract and the amendment contract between the Plaintiff and the Defendant, entered into a construction contract with the Defendant for the construction that the Plaintiff would receive from the Defendant a contract for the construction work of Gangseo-gu Busan Party C (hereinafter “instant construction work”) with the construction period of KRW 3,102,00,00 (including value-added tax; hereinafter the same shall apply) from October 1, 201 to September 30, 2012. The original contract was accompanied by the “general terms of the standard contract for private construction works” (hereinafter the “general terms of the instant construction contract”).
Article 19 [Adjustment of Contract Amount Due to Modification of Design] (1) When the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or when installation of additional facilities is required due to a modification of the project plan, etc., the defendant shall revise the design.
(2) Where the volume of construction works increases or decreases due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall be extended or shortened
1. The unit price for 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;
(1) Items (1) material cost ratio: direct labor cost. (3) Indirect labor cost. (2) 】 11.5% 】 industrial accident insurance premium (2) 】 3.6% x (2) employment insurance premium. (4) x 0.74% 7.