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(영문) 대전지방법원논산지원 2014.11.12 2013가합2221

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 28, 2010, the Plaintiff entered into a subcontract for construction works (hereinafter “instant construction contract”). Around that time, the Plaintiff entered into a contract for construction works with the Defendant Daeyang Construction Co., Ltd., Hanyang Construction Co., Ltd. (the trade name at the time of the contract was fashioned, and changed to the Associate Construction Co., Ltd., and the Associate Construction Co., Ltd. and the Associate Construction Co., Ltd. (the trade name was changed to the Associate Construction Co., Ltd.) and the Associate Construction Co., Ltd., Ltd. (hereinafter “Nonindicted Co., Ltd.”), with the construction amount of KRW 1,870,000,000 in construction amount for molded works, and KRW 396,00,000 in construction amount for reinforced concrete works and KRW 341,550,00 in construction amount for reinforced concrete construction works.

B. The main provisions of the “standard subcontract agreement (main sentence) for construction works” and the “special terms and conditions of contract” attached to the contract at the time of the instant construction contract (hereinafter “special terms and conditions”) are as follows.

1) With respect to the volume of construction works additionally executed by Gap (contractor) under the instruction of Gap (contractor) under Article 14 (Change and Suspension of Construction Works) of the General Conditions, even if the amount of construction works additionally performed by Eul (contractor) has not been increased from the ordering person, Gap shall be paid increased to Eul (Emergency Measures). ② Article 16 (Emergency Measures) (2) If it is deemed urgent and inevitable for fire prevention and other construction works, Gap or supervisors may request Eul to take emergency measures. In this case, Eul shall immediately comply with it; hereinafter the same shall apply).