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(영문) 광주지방법원 2015.08.20 2013가합11128
공사대금
Text

1. The Defendant’s KRW 31,881,879 for the Plaintiff and 6% per annum from December 24, 2013 to August 20, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On September 19, 2012, the Plaintiff concluded a standard contract for construction works (hereinafter “instant construction contract”) with the Defendant and Seo-gu, Gwangju to newly construct DKa Center (hereinafter “instant car center”) at the contract price of KRW 205,700,000 (including value-added tax) and the construction period from October 8, 2012 to January 5, 2013, with the purpose of building construction business as a corporation.

◎ 건설공사 표준도급 계약서

1. Construction name of the Corporation: New Construction of a DNA Center;

2. Place of construction: Seo-gu Seoul.

3. Period of construction: From October 8, 2012 to January 5, 2013 (94 days);

4. Contract amount: including 205,700,000 won and value-added tax;

5. Contract deposit: 60 thousand won.

6. Part payments: 60,000,000 won, and when structural frame is completed;

7. Balance of the construction after completion: 85,700,000 won, and no later than 10 days after approval for use: The rate of liquidated damages for delay: The defendant contractor: the plaintiff 1 [general provisions] the contractor (hereinafter referred to as the "A") and the contractor (hereinafter referred to as "B") shall cooperate with each other on an equal footing, and faithfully perform the contract in good faith;

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 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 the provisions of Article 8;

2. The unit price for a new item not included in the calculation sheet shall be the unit price calculated at the time of design modification;

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