(영문) 서울중앙지방법원 2019.01.24 2018나42360

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(영문) 서울중앙지방법원 2019.01.24 2018나42360

공사대금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On June 1, 2016, the Defendant entered into a contract with the Seongbuk-gu Seoul Metropolitan Government Down Housing Corporation (hereinafter “C”) with respect to the contract amounting to KRW 94,00,00 in terms of the contract amount and the construction period from June 1, 2016 to December 26, 2016 (hereinafter “instant first contract”).

B. On May 20, 2017, the Defendant and C concluded a modified contract with the effect that the contract amount of the instant first contract would be increased to KRW 96,200,000 on the grounds of design change, and that the construction period of the said first contract would be extended from June 1, 2016 to May 17, 2017 (hereinafter “instant modified contract”).

C. On December 8, 2016, the Plaintiff entered into a contract with the Defendant for the supply of heating and cooling equipment (hereinafter “instant secondary contract”) with respect to the supply of heating and cooling equipment (hereinafter “instant secondary contract”) among the primary contract for the instant secondary contract for the work, with the contract amount of KRW 3,520,00 (including value-added tax), and the supply period from December 8, 2016 to December 26, 2016 (hereinafter “instant secondary contract”). The main contents related to the instant case in the terms of the said secondary contract are as follows.

Article 6 (Change or Addition: (Change or Addition) If the defendant deems it necessary, he may change or add the quality, size and quantity of the goods.

At this time, the increase or decrease in the amount shall apply to the NEGO according to this contract.

§ 12. (Special Terms and Conditions: 3 Supply Terms and Conditions: At the time of the supply and installation of all the goods relating to the above contract, accurate execution shall be carried out on the basis of the approved drawings and the execution drawings of the relevant site, and at the time of the occurrence of a design change, the Defendant shall, as recognized by the ordering authority, calculate the rate of the original successful tender and execute the design change by the Plaintiff and the Defendant only at the time of the occurrence of

The defendant.

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