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(영문) 서울중앙지방법원 2017.08.10 2016가합4575
공사대금
Text

1. The Plaintiff:

A. The name of the defendant corporation is 196,869,864 won and 122,126,57 won among them.

Reasons

1. Basic facts

A. The defendant's name as a party is the executor of the project that newly constructs apartment and ancillary welfare facilities of 207 households in Ulsan-gu, Ulsan-do (hereinafter "one apartment complex"), and the defendant's name construction is the executor of the project that newly constructs apartment and ancillary welfare facilities of 205 households in the area of 56 days in the same area (hereinafter "two apartment complexes").

The defendant is the construction work of apartment complexes of 1 and 2 complexes.

B. On March 2013, the Plaintiff entered into a contract for the new construction of an apartment complex with the Defendant (hereinafter collectively referred to as “each of the instant contracts”) with respect to the construction of an apartment complex, a contract for the construction cost of KRW 32,568,60,000, and the construction cost of KRW 24 months from the commencement date of the construction period, as to the new construction of an apartment complex, and the construction cost of KRW 27,449,273,00 for the new construction of an apartment complex and KRW 24 months from the commencement date of the construction period (hereinafter collectively referred to as “each of the instant contracts”).

The main contents of each of the terms and conditions of the instant contract (hereinafter “instant general terms”) and the special terms and conditions (hereinafter “instant special terms and conditions”) are as follows.

Article 15 [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, is unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or when the installation of additional facilities is required due to the modification of a project plan, etc., a contractor shall modify 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

Article 16 (Adjustment of Contract Amount Due to Modification of Terms and Conditions of Contract) (1) In case where it is necessary to adjust the contract amount due to any modification of the terms and conditions of contract, except for the case pursuant to Article 15,

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