logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.05.14 2013가합11297
공사대금
Text

1. The Defendant’s KRW 39,216,748 as well as the Plaintiff’s annual rate of 5% from July 1, 2010 to May 14, 2015.

Reasons

Basic Facts

Standard subcontract form of construction works

1. Project owner: Finance Bank;

2. Name of the project;

(a) Contract name: New construction project;

(b) The name of subcontracted project: The work to build metal structures;

3. The construction place: Busan Metropolitan City captain-gun D; and

4. Period: Commencement on February 22, 2010, and completion on March 30, 2010

5. Contract amount: Value-added tax of KRW 369,990,000 (Labor cost of KRW 179,924,043): 36,99,000; and

6. Payment of the price;

(c) Payment within 15 days from the date on which the ordering person receives adjustment and payment (i.e., adjustment from the ordering person) in accordance with the content and proportion of the adjustment within 30 days from the date of adjustment;

7. Items and quantities of materials to be paid: Attached separately;

8. Contract bond: 40,698,900 won; and

9. The rate of warranty bond and the defect warranty liability period: 3%/24 months: The rate of liquidated damages: 1/1,000 of the total contract amount per day for each air delay delay: Defendant / B: Article 14 of the General Conditions for the Subcontract of the Plaintiff’s Construction Work. (1) In cases where the details of the construction are added or changed at the request of the ordering person, his design modification, etc. or the construction work for all or part of the construction is temporarily suspended, the Defendant shall, in advance, deliver the modified contract, etc.

② Under the direction of the Defendant, the Defendant did not receive any increase in the construction volume additionally executed by the Plaintiff from the client.

Even if the plaintiff is increased, it shall be paid to the plaintiff.

(3) The plaintiff may not demand the change of the contract amount or refuse the execution on the grounds that the contract amount is not well-founded after the conclusion of the contract other than the grounds for the adjustment of the contract amount stipulated in the contract.

Article 14-2 (Change of Contract Price due to Modification of Design) (1) In case where there occurs an increase or decrease in construction volume at the request of the ordering person or by his own modification of design, etc., the defendant shall adjust

(2) The adjustment of a contract price under paragraph (1) shall be made as follows:

arrow