(영문) 서울중앙지방법원 2016.10.28 2015가합16304

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.10.28 2015가합16304

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Article 19 (Adjustment of Contract Amount Due to Modification of Design) (1) of the facts of foundation (1) In a 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 installation of additional facilities is required due to a modification of the project plan, etc., Party A (the defendant; hereinafter the same shall apply) shall alter the design

(2) Where a change in the volume of construction works occurs due to the modification of a design under paragraph (1), the contract price shall be adjusted according to the following standards, and the construction period shall be extended or shortened, if necessary:

1. The unit price for the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 8;

2. The unit price for a new item not included in the calculation sheet shall be the unit price calculated at the time of design modification;

3. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;

Article 21 (Adjustment of Contract Amount Due to Modification of Other Contents of Contract) (1) Where it is necessary to adjust the contract amount due to any change in the contents of contract, except as provided for in Articles 19 and 20, the contract amount shall be adjusted according to the changed contents. In this case, general management expenses and profits, etc. for the increased or decreased construction work shall be applied.

(2) In relation to paragraph (1), no Eul (the plaintiff, the same shall apply hereinafter) shall demand the change of the contract amount or refuse the execution of the contract, on the grounds that the contract conditions are unknown, etc. after the conclusion of the contract, in addition to the compensation for the adjustment of the contract amount

Article 31 (Cancellation, etc. of Contract A) (1) A may cancel or terminate all or part of the contract in the case falling under any of the following subparagraphs:

2. Where it is evident that the construction work is not likely to be completed within the completion date due to a reason attributable to B.

유사 판례

-서울중앙지방법원 2015.12.16 2014가합15946

-부산지방법원 2018.01.17 2016가합40616

-서울고등법원(춘천) 2017.06.28 2016나1484

-수원지방법원 안산지원 2018.02.09 2015가단13102

-서울서부지방법원 2017.09.22 2017가단8558