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(영문) 대전지방법원 2017.11.08 2015가합106657
공사대금
Text

1. The Defendant’s KRW 614,133,666 and its portion

A. From March 17, 2014 to August 5, 2015, for KRW 72,000,000.

Reasons

(c)be executed in accordance with the original contract content unless a regular increase or decrease in the design arises;

2. Eul shall, with the prior approval of Gap in the event of any additional matter in the course of the construction project, proceed with the fixed design modification or the final determination of the additional construction cost, and Eul shall not claim for the additional construction cost, etc. for the construction project undertaken without such procedures.

Article 13 (Other)

1.In principle, there shall be no additional costs of the construction project due to the specifications, site descriptions, and drawings included in B presented at the time of the design contract.

2. Other terms and conditions of a contract between A and B shall be based on the estimate statement, design documents and specifications attached thereto.

3. A may partly modify a part of the main building (the fourth, fifth, even if any, nearby decorations, etc.).

B shall calculate the amount of additional costs and reduction to Gap, submit them to Gap and settle the actual cost.

*Attachment: A statement of estimate, design drawings, specifications, and schedule 2 of the above construction contract were as follows. 3) The construction period of the instant construction contract was extended by March 6, 2014.

4) The Defendant commenced trading business in the instant building. The Defendant paid the Plaintiff KRW 4,990,00,000 out of the price for the instant construction contract, and the remainder of KRW 180,00,000 ( KRW 5,170,000-4,990,000) is not paid. D. The Plaintiff’s additional construction work 1) as to the instant building, the Plaintiff did not carry out construction work that is not indicated in the “stamp statement, design, specifications, and process list” attached to the instant construction contract (hereinafter “instant additional construction work”).

The instant Additional Corporation from March 2014 to the same year

8. up to April, 200.

2) The details of the instant additional construction are as shown in the attached Table 1 [Attachment 1] [Attachment 1] and the name of the Corporation shall be 10. The summary of the written appraisal submitted by appraiser D on May 1, 2017.

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