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(영문) 수원지방법원 2016.08.12 2014가합1235
공사대금
Text

1. The Plaintiff, Defendant A, Defendant A, Defendant B, and Defendant B, as well as each of the said amounts, from June 28, 2013 to August 2016, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a contract with the Defendants on September 2012, 2012, and multi-family housing on each ground (hereinafter “each of the instant housing”) between Pyeongtaek-si C and D.

2) The construction project that newly constructs 2 Dongs (hereinafter “instant construction project”)

As to the construction cost (including value-added tax) and the contract for construction from September 2012 to February 2013 (hereinafter “instant contract”).

After the conclusion of the contract, on September 12, 2012, the above contents of the contract, and on September 12, 2012, the first unit of the housing in this case, wherein Defendant A is the owner of the building (hereinafter “instant first unit of housing”).

(1) The second and second houses (hereinafter referred to as “second houses of this case”) consisting of the construction cost of KRW 802,500,000 and Defendant B as the owner of the building.

2) In addition to the description of the construction cost of KRW 822,00,000, the instant contract was re-written. 2) The instant contract is accompanied by the “general terms and conditions of the private construction contract” and the main contents are as follows.

Article 3 (Contract Documents) (1) Contract documents shall be comprised of a contract document for private construction, general conditions of a contract for private construction works, special conditions of a contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.

(2) Any notification documents, etc. made between parties to a contract under the conditions as prescribed by this condition shall have the effect as a contract document.

Article 21 (Adjustment of Contract Amount Due to Modification of Design) (1) In cases where 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 where the installation of additional facilities is required due to the modification of a project plan, etc., the Defendants shall modify the design.

(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 of the increased or decreased construction works shall be under Article 9;

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