logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.05.21 2013가합3594
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On October 7, 2010, the Plaintiff received a contract (hereinafter “instant contract”) from the Defendant on a fixed date as the Defendant’s construction work for the installation of livestock excreta and wastewater treatment facilities at KRW 678 million, March 15, 2011, and May 15, 201 (including two months for trial operation) for the completion date of the construction work of livestock excreta and wastewater treatment facilities at KRW 678,00,000,000,000,000,000 won.

The instant contract provides that the Plaintiff’s design of machinery, equipment, etc. constituting a livestock excreta wastewater treatment facility to the livestock shed constructed by the Defendant, and conduct a trial run after installing it, thereby satisfying the water quality of the processed wastewater.

[General Conditions] Article 16 [Extension of Construction Period] (1) In the event of delay in the performance of construction due to reasons not attributable to the plaintiff, such as a natural disaster or force majeure, the plaintiff may demand in writing the defendant to extend the construction period.

(3) Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses incidental thereto, shall be adjusted by applying Article 21.

Article 21 (Adjustment of Contract Amount Due to Modification of Other Terms and Conditions of Contract) (1) In cases where it is necessary to adjust the contract amount due to any 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

Article 24 [Completion Inspection] (3) The plaintiff may request a reinspection when he/she has an objection against the result of the inspection, and the defendant shall comply with it.

Article 25 [Payment of Price] (1) After passing a completion inspection by the defendant, the plaintiff may adjust the construction site, such as the removal or removal of surplus materials, wastes, temporary facilities, etc., and claim the payment of the construction price to the defendant.

The main contents related to this case among the general terms and conditions of the contract of this case are as follows.

[Special Conditions]

arrow