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(영문) 인천지방법원 부천지원 2017.01.25 2016가합100446
공사대금
Text

1. The Defendant’s KRW 58,554,766 as well as the Plaintiff’s annual rate of KRW 6% from March 19, 2016 to January 25, 2017.

Reasons

1. Facts of recognition;

A. The status of the parties is a company that engages in soil construction business and non-structure dismantling business, etc., and the defendant is a company that manufactures and sells food fees.

B. On September 21, 2015, the Defendant entered into a contract for the removal of the instant construction works and the progress of the construction work. 1) In order to operate the “Cwa Holdings” on the 7-8th floor of the Kucheon-gu Seoul Special Metropolitan City B building, the Defendant agreed to remove the facilities installed at the original place and carry out the construction of the facilities of the Holdings. 2) On September 21, 2015, the Plaintiff entered into a contract for the removal of the instant construction works from the Defendant during the period of the contract from September 23, 2015 to November 222, 2015 (a separate contract amount of KRW 350,000,000 (the amount of value-added tax reduced to KRW 370,000,000,000, compared to the estimated amount submitted by the Plaintiff to the Defendant).

Article 14 of the General Terms and Conditions of the Agreement concluded by the Plaintiff and the Defendant are as follows:

Article 14 (Change, Suspension, etc. of Construction Works) (1) "A" may, if deemed necessary or at the request of the person placing an order, request "B" to change the details of construction works or temporarily suspend all or part of construction works in writing.

If it is deemed necessary to extend or reduce the construction period or to increase or decrease the contract price, it shall be determined in consultation with "B".

However, the same shall not apply where the relevant cause is "B".

(2) An increase or decrease in the contract amount under paragraph (1) shall comply with the following standards to the extent so adjusted by the ordering person:

1. The unit price for the increased or decreased construction works shall be the unit price indicated in the calculation sheet (hereinafter referred to as "contractual unit price");

2. The unit price for a new item with no contractual unit price shall be agreed in writing by multiplying the unit price calculated as at the time of design modification by the successful tender rate or by “A” and “B”.

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