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(영문) 광주지방법원 2016.12.23 2013가합10811 (1)
공사대금
Text

1. All applications for interventions by independent parties shall be dismissed;

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the purpose of building site creation and housing construction business, and the Defendant is an agricultural partnership with the aim of promoting the increase of members’ income through shipment, processing, export, etc. of agricultural products.

B. On April 4, 2012, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant with respect to the construction of the fourth floor neighborhood living facilities (hereinafter “instant construction project”) on the part of the Defendant, Young-gun, Young-gun, Seoul Special Metropolitan City.

3. Date of commencement: 900,000,000 won for the construction amount on October 6, 2012;

7. Value-added tax: Defendant contractor: Article 17 of the General Conditions of the Plaintiff [Supplementary Construction] (1) When there are parts inappropriate for the design among the construction works executed by the Plaintiff, the Defendant may request the correction thereof, and the Plaintiff shall comply with it without delay.

(2) In cases falling under paragraph (1), when a construction work inappropriate for the design plan is due to a demand or instruction of the defendant or any other reason not attributable to the plaintiff, the plaintiff shall not be held liable.

Article 19 [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 arise in relation to construction, or when installation of additional facilities is required due to a modification of the project plan, etc., the defendant shall modify the design.

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

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 determined at the time of design modification;

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