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(영문) 대전지방법원 2021.03.25 2018가단19023
공사대금
Text

1. Defendant (Counterclaim Plaintiff): (a) filed against the Plaintiff (Counterclaim Defendant) KRW 86,413,609; and (b) filed on January 12, 2019 to March 25, 2021.

Reasons

1. Facts of recognition;

A. On September 5, 2016, the Plaintiff entered into a contract with the Defendant for electrical construction and fire fighting construction works (hereinafter “instant construction works”) from among new construction works of D schools located in Suwon District C (hereinafter “instant construction works”) with the construction cost of KRW 1,602,00,000 (including value added taxes) and the construction period from September 5, 2016 to September 10, 2017 (hereinafter “instant construction contract”).

B. Of the contents of the instant construction contract, the main parts relevant to the instant case are as follows.

Article 2 (Modification of Contracts) (1) In any of the following cases, the defendant and the plaintiff may modify the terms of this contract and individual contracts in writing, signed or sealed by mutual agreement:

Article 8 (Determination of Contract Price, etc.) (1) In the event that a change in the construction work is made at the request of the ordering authority or a temporary suspension of construction work is made, the contract price determined in this case may be changed only when the defendant and the plaintiff make a separate written agreement by mutual consultation during the contract period.

(2) No change in the contract price shall be made in addition to the change of the price by design change.

Article 2 of the Special Conditions (Special Conditions)

8. The plaintiff estimated the cost of material adjustment, small transportation, and cost of the site use by including the estimated amount.

Article 5. Price fluctuations

2. In principle, construction expenses shall not be settled;

Provided, That the unit price shall be calculated according to the unit price for the term contract, and the change (within 5%) shall not be increased or decreased when the quantity of the design is increased or decreased only for the part recognized by the ordering office.

(c)

The Plaintiff completed the instant construction, and the Defendant paid the Plaintiff the sum of KRW 1,583,842,60 to the construction cost of the instant construction, and KRW 4,436,050 to the Plaintiff, and the equipment used by the Plaintiff for the instant construction (hereinafter “instant construction”).

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