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(영문) 대구지방법원 2017.12.08 2014가합205458
공사대금
Text

1. The Defendant’s KRW 65,686,391 among the Plaintiff and KRW 279,90,698 among the Plaintiff, shall be from April 17, 2013, and KRW 385,695,693.

Reasons

1. Basic facts

A. A. On May 2012, the Defendant entered into a contract with the Defendant for the repair work of the Defendant’s building (hereinafter “instant building”) on the part of Thaiman (hereinafter “instant construction”) and became a joint and several surety under the said contract. The details of the instant construction contract are as follows.

The defendant A (hereinafter referred to as the "A") and Taemanen C (hereinafter referred to as the "B") shall agree to faithfully perform the following contract matters and enter into a basic construction contract on the basis of the following principles:

Article 1 [Purpose of Contract] The purpose of this Agreement is to ensure smooth performance of contractual work by setting out the responsibilities and obligations of Party A and B arising from the construction work and construction work of the building to be constructed by Party A.

Article 3 [Indication of Contract Articles and Contract Amount] Scope of Construction Works: 3. 1. Design Documents 2. 3. 3 . . 4) Other special specifications contract amount under separate agreement 5. . 2,370,000,000 won (excluding value-added tax) . 1) A may not claim any additional costs incurred from the initial contract amount during the construction period.

(A) A may not claim additional costs from A even if the schedule of the construction project is delayed due to weather conditions, natural disasters, etc. (except for any change in the design at the request of A), the increase in water prices, the unit price, and other additional increases, provided that B calculated the total contract amount with the design documents, attached documents, the work specifications, and other consulting documents presented by A, as well as the written estimate and other problems.

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