logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.08 2015가합22170
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 165,510,353 to the Plaintiff (Counterclaim Defendant) and its related amount from March 19, 2013 to September 8, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant concluded a contract with the Plaintiff for construction work (hereinafter “instant construction work”) that newly constructs an urban residential housing on the seventh ground level above the second ground level below Seoul Seocho-gu, Seoul (hereinafter “instant building”). On January 2012, the Defendant concluded a contract for construction work (hereinafter “instant contract”) with the Plaintiff. The main contents of the said contract related to the instant case are as follows.

1. Construction name: Urban-type residential housing construction works;

3. Date of commencement: On January 17, 2012: The date scheduled for completion: November 30, 2012; the contract amount: 3.2 billion won; and the additional tax rate;

6. Balance: The rate of liquidated damages for delay: 1.7 billion won and within three months after the completion of construction; 10. : [Adjustment of the contract amount due to a modification of a design] Article 19 (Adjustment of Standard Contract for Private Construction Works) (1) In cases where the contents of the design do not coincide with the state of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in the construction site, or where the installation of additional facilities is required due to a modification of the project plan, etc., Gap (referring to the defendant who is the contractor, and hereinafter the same shall apply)

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

(hereinafter referred to as each subparagraph omitted) (1) In cases where it is necessary to adjust the contract amount due to a change in the terms and conditions of contract except as provided for in Articles 19 and 20, the contract amount shall be adjusted according to the changed details. In such cases, general management expenses and profits, etc. for the increased or decreased construction works shall be applied to the rate specified in the calculation sheet.

(2) B (referring to the plaintiff who is the contractor; hereinafter the same shall apply) in relation to paragraph (1), in addition to the grounds for the adjustment of the contract amount provided for in Articles 19 and 20, the contract term shall be unknown after concluding the contract.

arrow