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1. The Defendant’s KRW 37,910,00 for the Plaintiff and KRW 6% per annum from March 21, 2012 to November 9, 2012.
Reasons
1. Basic facts
A. The Plaintiff is a merchant engaged in the construction business, such as interior interior interior interior interior, with the trade name of “C,” and the Defendant is a merchant engaged in the same business with the trade name of “D.”
B. On January 7, 2012, the Defendant awarded a contract from Nonparty E for interior works with the amount of construction cost of KRW 127 million to the G located in Ulsan-dong 304, Ulsan-gu, U.S. and subcontracted the said construction works to the Plaintiff on January 9, 2012.
(hereinafter referred to as the “instant prime contract” and the said subcontracting contract (hereinafter referred to as the “instant subcontracting contract”).
The original contract of this case entered into between the Defendant and E, with the content of “mutual consultation, agreement shall be faithfully executed on the basis of a separate drawing and estimate,” and the content of “the contract amount shall be adjusted according to the modification of the design of this case (Article 16), the adjustment of the contract amount due to price fluctuation (Article 17), and the adjustment of the contract amount due to the modification of the contract contents (Article 18), which are concluded between the Plaintiff and the Defendant. The main content is as follows, and the contents of “the offer of household design, X-RAY room separate” are as follows, and the remainder payment date is two weeks after completion (occupant).
Article 16 [Adjustment of Contract Amount Due to Modification of Design] (1) When the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances in relation to construction occur or the project plan is modified, the design shall be modified.
(2) Where an increase or decrease in construction volume occurs due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards:
The rate specified in the calculation sheet shall apply to general management expenses and profits for the construction subject to the reduction or decrease of the scope of the association, or the war.
Article 17 [Adjustment of Contract Amount Due to Price Difference] (1) If 120 days have elapsed after the conclusion of contract, the remaining works shall be made.