(영문) 인천지방법원 2017.10.17 2016가합383

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(영문) 인천지방법원 2017.10.17 2016가합383

공사대금

Text

1. Of the instant lawsuits, KRW 363,598,056 and KRW 105,689,455 among them shall be from January 9, 2016, and KRW 257,908,601.

Reasons

1. Basic facts

A. On February 26, 2013, the Plaintiff concluded a construction contract for the construction of an urban-type residential house with the size of 1st, 7, and 28 households located in Incheon Nam-gu and 2 lots of land (hereinafter “instant building”) (hereinafter “instant construction construction contract”) between the Defendant (Seoul Co., Ltd.) and the Defendant (hereinafter “instant building”) on the following terms: (a) “the construction contract for the construction of the instant building on February 26, 2013”; and (b) “the instant contract for the construction work” is referred to as “the instant contract for the construction work.”

B. Around that time, the construction was commenced.

Standard contract for private construction works.

1. Name of the construction: New E-dong studio construction works;

2. Date of commencement: The date of completion on March 3, 2013: The contract amount on October 5, 2013: 1,287,000,000 won (including value-added tax): Value-added tax of KRW 1,170,000: 170,000,000.

8. Partial gold: On January 1.

9. Other matters: The date of commencement and completion of construction work shall be the date specified in the contract, separately, separately, separately, separately from the cost of entry, and separately from the cost of design and authorization and permission.

(3) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 21 (Adjustment of Contract Amount Due to Modification of Other Contents of Contract) (1) In case where it is necessary to adjust the contract amount due to any change in the contents of contract in addition to the case as prescribed in Articles 19 and 20 (Adjustment of Contract Amount Due to Modification of Design), if it is necessary to adjust the contract amount due to any change in the contents of contract, the contract amount shall be adjusted according to such change. In this case, the general management expenses, profits,

Article 24 (Completion Inspection) (1) The plaintiff shall notify the defendant of the completion of construction, and the defendant shall conduct the inspection without delay in the presence of the plaintiff after receiving the notification.

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