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(영문) 의정부지방법원 2017.02.09 2015가합4563
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 167,564,831 and its amount from June 1, 2014.

Reasons

1. We examine the premise facts as the principal lawsuit and counterclaim.

A. On May 22, 2012, the Plaintiffs concluded a construction contract (hereinafter “instant construction contract”) with the Defendant, setting the construction cost of KRW 1188,80 million (including value-added tax) with respect to the construction of the site for the ground lot of land outside Si/Gu, Sincheon-si and six lots of land outside Si (hereinafter “instant construction contract”).

The main contents of the instant construction contract are as follows.

Other matters

1. Method of Payment of Construction Costs: 30% shall be paid at the time of the contract, and 70% construction Costs shall be paid at the end of the relevant month after subtracting the remainder from 10% of the base rate of construction costs as at the end of the relevant month.

In addition, the remainder of 10% is fully paid at the time of construction completion.

【Standard Contract for Private Construction Works】 Article 2

6. The term “design” means construction specifications, design drawings (including where a bill of quantity is prepared), and site descriptions.

7. The term "bill of quantity of quantity" means a detailed statement of items or items constituting the objects by type of work, and the size, quantity, unit, etc. of the same items or items;

8. The term "statement of calculation" means a detailed statement submitted by a contractor to a contractor after stating unit price in a bill of quantity of materials;

Article 3 [Contract Documents] ① Contract Documents shall consist of standard contract documents for private construction works, general contract terms and conditions for private construction works, special conditions for construction contracts, design documents and calculation sheets, and shall have the effect of mutual supplementation.

Article 19 [Adjustment of Contract Price according to Modification of Design] (1) In cases where the contents of a design do not coincide with the state of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or where the installation of additional facilities is required due to a modification of the business plan, etc., the Plaintiffs shall revise the design.

(2) Where there occurs an increase or a decrease in construction volume due to the modification of design under paragraph (1), the following standards:

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