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(영문) 대구지방법원 2014.12.19 2013가합8797
공사대금
Text

1. The Defendant’s KRW 174,082,743 as well as 6% per annum from September 17, 2013 to December 19, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On September 17, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant for the construction of a shop with a total floor area of 905.2 square meters (hereinafter “instant building”) on the north-gu, Ulsan-gu (hereinafter “instant construction”) by setting the construction cost of KRW 367,40,000 (including value-added tax) and the construction period from September 24, 2012 to November 24, 2012 (hereinafter “instant construction contract”).

The main terms and conditions of the standard contract for private construction works (hereinafter “general terms and conditions”) among the contract for the instant contract are as follows.

Article 13 [Safety Control and Accident Compensation] (1) “B” (referring to the plaintiff, hereinafter the same shall apply) shall take appropriate measures to prevent industrial accidents, such as the installation of safety facilities, subscription to insurance, etc., and for this purpose, “A” (referring to the defendant; hereinafter the same shall apply) shall include an amount equivalent to the safety control expenses and the industrial accident compensation insurance fees in the contract

Article 14 [Protection of Construction Workers] (1) “B” shall subscribe to retirement pension, wage claim guarantee system, and employment insurance where the contracted construction work is subject to the obligation under the Framework Act on the Construction Industry, Wage Claim Guarantee Act, and Employment Insurance Act.

(2) "A" shall include the installments for retirement benefits, the employer contributions and employment insurance premiums under the wage claim guarantee system under paragraph (1) in the contract amount.

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 the installation of additional facilities is required due to a modification of the project plan, etc., “A” shall be modified.

(2) Where there occurs an increase or decrease in the volume of construction 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

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