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(영문) 부산지방법원 동부지원 2018.12.12 2017가단200377
공사대금
Text

1. The Defendant’s KRW 2,965,145 as well as the Plaintiff’s KRW 6% per annum from February 16, 2016 to December 12, 2018.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company that aims at electrical construction business, communications business, etc., and the Defendant is a company that aims at software development, etc. 2) The Busan Port Corporation contracted D system purchase installation works (hereinafter “instant prime contractor”) to C Co., Ltd. (hereinafter “Co., Ltd.” in the name of each Co., Ltd.) and C subcontracted D outdoor publication and field installation works to the Defendant on March 24, 2014.

B. 1) The Plaintiff entered into the instant construction contract with the Defendant on October 30, 2014 (hereinafter “instant construction contract”). The Plaintiff is a DNA outdoor publication and field installation work between the Defendant and the Defendant (hereinafter “instant construction work”).

contract amount of KRW 340,000,000 (including value-added tax; hereinafter the same shall apply)

(A) The construction period is from October 30, 2014 to June 19, 2015, and the contract under which the contract is concluded at a rate of 0.15% for liquidated damages (hereinafter “instant construction contract”).

(2) Of the general terms and conditions of the subcontract incorporated into the instant construction contract, the contents relating to the instant case are as follows.

(A) “A” and “B” shall deliver in advance the modified contract, etc. to B in the event that the content of the construction is modified or added or the construction of the whole or part of the construction is temporarily suspended at the request of the project owner or at the request of the project owner or by its design modification, etc.

Article 14-2 (Change of Contract Amount Due to Modification of Design) (1) Where there occurs an increase or decrease in the volume of construction works at the request of the ordering person, or upon his modification of design, etc., A shall adjust

(4) Where A receives an adjustment of subcontract consideration from the ordering person due to the change in design, it shall be based on an increase or decrease in subcontract consideration by the principal contractor.

(5) Where the volume of construction work requested by the project owner of A increases or decreases, A and B shall be increased or decreased before performing construction work.

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