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(영문) 대구지방법원 2013.07.12 2011가합9468
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,368,432,00 to the Plaintiff (Counterclaim Defendant) and its related amount from December 1, 201 to April 12, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a juristic person with the purpose of an engineering work business, and the defendant is a juristic person with the purpose of a general waste disposal business.

B. On January 15, 2010, the Plaintiff entered into and changed the instant contract. (1) On January 15, 2010, the Plaintiff agreed to enter into a contract with the Defendant for a standard contract for private construction works (hereinafter referred to as “the instant contract”) with the content that the Plaintiff would enter into the contract on the instant treatment facilities, including KRW 7,790,000,000 (including value-added tax), the date of commencement, January 15, 2010, and October 30, 2010 with the expected date of completion of construction (hereinafter referred to as “the instant contract”).

Article 17 (Adjustment of Contract Amount due to Modification of Design) (1) When the contents of the design document do not coincide with the state of the construction site, is unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or when the installation of additional facilities is required due to the modification of the project plan, etc. due to the modification of the project plan, etc., the defendant shall modify the design. (2) When the installation of additional facilities is increased or decreased due to the modification of the design under paragraph (1), the contract amount shall be adjusted according to the following standards, and where necessary, the construction period shall be extended or reduced. (1) The increased or decreased unit price of the construction shall be determined on the basis of the unit price indicated in the calculation sheet. 2. 3. The unit price of the new items not included in the calculation sheet shall be determined on the basis of the unit price indicated in the calculation sheet. Article 23 [payment] (2) The defendant shall pay the construction price to the plaintiff simultaneously with the delivery of the object of the contract, unless otherwise stipulated in the agreement.

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