logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.01.28 2014나53035
공사대금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On December 8, 2008, the Plaintiff, jointly with the Defendant, provided that the construction project for the construction project for the building of the YYYYYYYYYYYYYYYYYYYYYY 13,751,353,00 won, and the total construction period from December 8, 2008 to December 7, 2010 (total 730 days) for the construction project (hereinafter “instant construction project”).

(The ratio of the supply and demand of construction works for the plaintiff and the Incheon Construction Industry was 70:30, but later 70.81: 29.19).

The instant construction contract was concluded four times through a long-term continuing construction contract (the total construction price determined by a successful bidder, etc. shall be stated additionally, and each number of contracts shall be entered within the budget of the pertinent year). The main contents of the instant construction contract are as stated in the attached Form “the construction contract and the modified contract for each number of vehicles”.

C. Although the scheduled completion date of the instant construction project was December 7, 2010, the construction period was extended due to the change of design, delay of land compensation, delay of removal of obstacles, delay of bringing-in of government-funded materials, etc. during the process of performing the construction project. Accordingly, the instant construction contract was modified on nine occasions as indicated in the “each number of teas construction contracts and modified contracts.”

The Plaintiff completed the instant construction before the scheduled completion date, and the Defendant paid the construction price to the Plaintiff on August 14, 2012.

E. The main contents of the general conditions of the instant construction contract are as follows.

Article 20 (Adjustment of Contract Amount Due to Modification of Design) (1) Where there occurs an increase or decrease in the quantity of construction, such as a change in the method of execution of design modification, or modification of input materials, a contracting officer shall adjust the contract amount according to the following standards:

(7) Where an ordering agency adjusts a contract amount pursuant to paragraphs (1) through (6), 30 days from the date of receiving a request from the other party to the contract.

arrow