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(영문) 부산지방법원 2014.07.24 2012가합8331
공사대금
Text

1. The Defendant’s KRW 65,252,50 for the Plaintiff and 6% per annum from May 16, 2012 to July 24, 2014.

Reasons

1. Basic facts

A. The parties concerned are companies established for the purpose of comprehensive construction projects (construction works, civil engineering works, special construction works), housing construction projects, and housing site preparation projects. The Defendant is a person who produces and sells advanced pumps in the trade name of “B”.

B. (1) On March 15, 2010, the Plaintiff entered into the instant construction contract, etc., and entered into a contract with the Defendant for the extension of factory B on the land outside Busan Seo-gu and one parcel. The main contents are as follows.

(hereinafter referred to as the “instant construction contract”): The period of construction on September 21, 2010 as of March 22, 2010: 1,045,00,000 won (value of supply: 950,000,000 won, value-added tax: 95,000,000 won) and the period of warranty: The rate of warranty bond and the period of warranty bond under the Framework Act on the Construction Industry: 3% and the rate of liquidated damages: (1/1,000: the general conditions of the standard contract for private construction contracts; (1) the date of commencement and completion of construction shall be the date specified in the contract.

(2) The date of completion means the date the plaintiff completes construction works and requests the defendant to undergo a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 19 (Adjustment of Contract Amount Due to Modification of Design) (1) When 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 when the installation of additional facilities is required due to a modification of the project plan, etc., the defendant shall modify the design.

(2) Where there occurs an increase or decrease in the volume of construction 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

1. The unit price of the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 8;

2. The unit price for a new item not included in the calculation sheet shall be at the time of design modification; and

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