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(영문) 광주고등법원 2020.02.20 2018나23567
공사대금
Text

1. Of the part against Defendant B in the judgment of the court of first instance, the part against the Plaintiff ordering payment below.

Reasons

1. Basic facts

A. On February 28, 2012, Defendant Gwangju Metropolitan City awarded a contract for the maintenance of basin sewage conduits to Defendant B.

On March 10, 2015, Defendant B and D-Line Corporation (hereinafter collectively referred to as “instant construction”) were awarded a contract for “C-Line Corporation” and “D-Line Corporation” (hereinafter referred to as “instant construction contract”) with the Plaintiff on March 10, 2015 (hereinafter referred to as “instant construction contract”). The main contents of the instant construction contract are as follows.

Standard subcontract agreement of construction business type (basic)

4. The construction period: The three-minutes from March 10, 2015 to December 31, 2015: From March 10, 2015 to July 4, 2015;

5. Construction cost: 478,500,000 won (third-minuteed construction cost): 478,500,000 won;

6. Payment of the price;

(c) Article 2 (Modification of Contract) (1) (1) of the Standard Form Subcontract for Construction Business, which is paid within 15 days from the date of receipt of the order by the order owner within 30 days from the date of receipt of the adjustment from the defendant Gwangju Metropolitan City, (1) Adjustment and payment of the subcontract price due to design change, economic situation change, etc. (2) In any of the following cases, the plaintiff and the defendant B may change the terms of this contract and the individual contract in writing with their signature or seal

1. Where it is inevitably required to modify the contract due to any reasonable and objective reason, and both the plaintiff and the defendant B recognize it;

2. Where the details of a subcontract are changed or temporarily suspended at the request of the project owner, and (2) where adjustment of the subcontract price is necessary due to changes in the terms and conditions of the construction, period of construction, volume of construction, etc. due to the change in the contract, the Plaintiff and the Defendant B shall reasonably

However, Defendant B shall settle and pay the part already performed by the Plaintiff before the change in the construction content, etc.

Article 3 (Additional Construction Works) (1) Defendant B shall perform additional construction works in addition to the instant construction contract.

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