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(영문) 제주지방법원 2013.11.28 2011가합2803

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Creinex is a company engaged in the business of manufacturing and installing cooling and heating equipment, such as air conditioners, and the Defendant is a company established for the purpose of managing and operating golf courses, and operates a golf course or condominium called “H” in the daily area of G land in Seopopopo City.

B. On June 15, 2010, Plaintiff Cratex entered into a contract with the Defendant for the installation of heating and cooling facilities among the new construction works of H, and entered into a contract with the Defendant on July 15, 2010 on the condition that the contract amount is KRW 2,783,00,000 (including value-added tax; hereinafter the same shall apply), and the contract period was changed from July 10, 201 to March 20, 201 by adding sanitary matters, installation works, etc. in a club in the said water supply system to the above water supply system. A contract was concluded again on December 17, 2010 with the content that the contract amount is increased as a contract bond.

(1) The term “instant contract” refers to the term “instant contract,” and Article 2 [the content and amount of construction works] (1) The term “the construction works”: < Amended by Presidential Decree No. 2020, Dec. 21, 2007>

(3) Contract amount: 2,783,000,000 won. (4) Advance payment: 278,300,000 won. The payment shall be made on July 30, 2010. < Amended by Presidential Decree No. 556, Jul. 30, 2010>

However, if it is objectively apparent that the change in the production cost of “B” would result from such change, “A” and “B” may increase or decrease the contract price under mutual agreement.

C. The main contents of the instant contract are as follows.

Plaintiff

The construction of this case shall be executed by the Trox.