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(영문) 청주지방법원 충주지원 2018.10.24 2017가단1427
공사대금
Text

1. The Defendant’s KRW 66,226,60 for the Plaintiff and the following: 6% per annum from April 27, 2017 to October 24, 2018.

Reasons

1. Facts of recognition;

6. Payment of the price;

(a) Amount completed: (1) Method of payment: (2) Method of payment within (3) date of receipt of the object: Cash

(b) Payment within 15 days from the date of receipt of the adjustment in accordance with the contents and proportion of such adjustment within (30) days from the date of receipt of the adjustment from the ordering person, due to any change in the design, the change in the economic situation, etc.;

7. Items and quantities of paid materials: The construction works shall be executed in accordance with the terms and conditions of this contract and design documents (including construction specifications, design drawings and site descriptions: Provided, That in cases of a total unit price contract, including calculation sheets, and the forms prescribed by the accounting rules of the Ministry of Finance and Economy shall apply mutatis mutandis to such form; hereinafter the same shall apply) under Article 3 (Construction, etc. (1) (referring to the plaintiff; hereinafter the same shall apply).

(2) Eul shall prepare a schedule for the scheduled construction work and obtain approval from Gap (referring to the defendant; hereinafter the same shall apply) without delay after concluding a contract, and submit a detailed statement of calculation to Gap without delay after concluding a contract.

Article 14 (Change or Suspension of Construction Works) (1) Where a project owner (referring to the Korea Rail Network Authority; hereinafter the same shall apply) changes or supplements the details of construction works or temporarily suspends all or part of construction works at the request of the project owner or his/her design change, etc., A shall deliver to B a modified contract, etc.

(2) With respect to the volume of construction works additionally constructed by B under the direction of A, A shall not have increased from the project owner.

Even if it is paid to B, it shall be increased.

(3) B shall not demand any change in the contract amount or refuse construction on the grounds that the contract amount has not been settled, dumping acceptance, etc. after the conclusion of the contract other than the grounds for adjusting the contract amount specified in the contract.

Article 14-2 (Change of Contract Amount Due to Modification of Design) (1) In case where there occurs an increase or decrease in construction volume at the request of the ordering person or his modification of design, etc., concerned.

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