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(영문) 부산고등법원 2019.12.19 2018나57189 (1)
공사대금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 22, 2015, the Defendant: (a) was awarded a contract with D Co., Ltd. (hereinafter “D”) for the new construction of “F” under the 19-dong Housing Act (hereinafter “F”) on the 19-dong Housing and 2 parcels outside the Jeju Special Self-Governing Province (hereinafter “D”); (b) on July 1, 2015; and (c) on March 20, 2016; and (d) on the 3.3 billion won (including value-added tax) A’s evidence 9-2.

(hereinafter “instant contract”). (b)

The defendant, on July 1, 2015, is performing the new construction works in this case to the plaintiff A (mutually: G).

1. On July 1, 201, common provisional construction works, 1-9. Incidental construction works, and 1-10. The remainder of the construction works (hereinafter referred to as “instant construction works”) excluding those for landscaping works (hereinafter referred to as “instant construction works”) were determined and subcontracted as KRW 2,310,000 (including value-added tax) for the construction period from July 1, 2015 to March 20, 2016, as follows:

(hereinafter “instant subcontract”). Standard subcontract agreement for construction works

6. Payment of the price: The price adjustment and payment following a design change shall be adjusted in consultation with each other at the time of design change;

7. The scope of construction work: The construction work conducted in accordance with a drawing and estimate; 11. The rate of liquidated damages: 0.3% (general terms of subcontract) (1) where the performance of construction work is delayed due to any cause not attributable to Party A, such as natural disasters, force majeure events, etc., and other causes not attributable to Party A, B may request Party A to extend the period of construction in writing.

(3) Where A has approved an extension of the contract period under paragraph (1), he/she shall not impose penalty for delay on the same extension.

Article 18 (Adjustment of Contract Amount Due to Modification of Design) (1) In case where 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 where the installation of additional facilities is required due to a modification of the project plan, etc., Party A shall design.

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