Text
1. The Defendant’s KRW 58,298,100 as well as its annual 6% from July 18, 2017 to August 30, 2018 and the following day.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that designs the drawings of plant structures and offshore structures, etc., and the Defendant is a company that manufactures and installs steel materials on metal plates.
B. On May 1, 2015, the Plaintiff and the Defendant concluded a technical service contract (hereinafter “instant service contract”) among the HDC MEX projects projects subcontracted by the Defendant from the Hyundai Construction Co., Ltd., and determined the contract amount as KRW 148,750,000 as follows.
(3) Additional and modified services refer to the work requested by the defendant as the factors such as design revision, ship operation error, materials, etc., and incidental services, such as unexpected addition and modified services, etc., that are not expected at the time of concluding a contract, shall be entered into a separate contract by mutual agreement with the plaintiff.
(4) If the amount of incidental services arising from the additional, modified services, etc. under the preceding paragraph is less than five percent of the original contract amount, the plaintiff may not demand the defendant to pay an additional amount.
If the incidental service amount exceeds 5% of the original contract amount, the plaintiff may demand the defendant to pay an additional amount only for the more than 5% of the original contract amount, excluding 5% of the original contract amount, and the plaintiff and the defendant shall make a decision on the additional amount.
C. Article 5 of the General Conditions of the Technical Service Contract incorporated into part of the instant service contract provides for the following:
In the course of performing the instant service, the Plaintiff prepared 22 amended drawings at the Defendant’s request, and notified the Defendant of the details of the modification, the grounds for the occurrence of water maintenance, and the costs calculated according to the Plaintiff’s method, but no agreement was reached between the Plaintiff and the Defendant on the amount of additional services resulting from the preparation of the amended drawings.
E. According to the appraiser A’s appraisal result, work for the modified drawings of this case is conducted.