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(영문) 대전지방법원서산지원 2016.12.02 2016가단259

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 13, 2015, the Plaintiff and the Defendant entered into a contract for construction works with the terms and conditions that the contract was concluded between the Plaintiff and the Defendant during the construction period of KRW 871,20,000 (including value-added tax) and the period from March 1, 2015 to July 31, 2015 (hereinafter “instant construction contract”). The details of the instant construction contract are as follows.

Article 2 (Contractor) (1) The Plaintiff shall perform the construction work according to the terms of this contract, design documents (including drawings, specifications, structural calculations, site descriptions, etc.; hereinafter the same shall apply), and detailed limits prepared based on them, etc.

Article 12 (Modification of Design Bills and Conditions) (1) In any of the following cases, the plaintiff shall notify the defendant thereof:

2. If the defendant has received the notification under paragraph (1), he shall conduct an investigation immediately and take appropriate measures against the plaintiff.

(3) In cases falling under paragraphs (1) and (2), if details of construction, period of construction, and contract amount are required to be modified, the defendant and plaintiff shall agree.

Article 13 (Supplementary Construction) (1) The defendant may request the correction of the portion not in conformity with the design documents, and the plaintiff shall comply with it without delay.

In such cases, the plaintiff may not request an increase of the contract amount or an extension of air.

(2) When the inappropriate construction under paragraph (1) falls under any of the following subparagraphs, the plaintiff shall not be responsible for it:

1. When the defendant instructs or demands;

2. In case of payment, rental, designated materials, or designated methods of construction;

3. Article 14 (Change of Construction Work or Change of Air) (1) The defendant may change or add the contents of construction work, and the plaintiff may demand an extension of the air and an increase of the contract amount arising therefrom.

Article 15 (Change of Contract Amount) (1) Any of the following subparagraphs: