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(영문) 수원지방법원 2016.01.21 2014가합64441
공사대금
Text

1. The Defendant’s KRW 109,636,411 as well as 5% per annum from April 11, 2014 to January 21, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 21, 201, the Plaintiff entered into a contract with the Defendant for construction cost of KRW 456,500,000 (including value-added tax), December 21, 201, and June 7, 2011, to enter into a contract for construction works among the reconstruction works in the Jongno-gu Seoul Metropolitan Council (hereinafter “instant construction contract”) located in Jongno-gu Seoul Metropolitan Council 30-3 (hereinafter “instant construction works”), and entered into a contract for the modification of the terms that extended the construction period on June 7, 2013 by September 30, 2013.

(a) The Plaintiff shall undertake the construction in accordance with the terms and conditions of the contract, design documents (including drawings, specifications, site descriptions, other technical records, etc.) and the matters specified in the design documents, even if not stated in the contract, shall have the same effect as the terms and conditions

However, if the contents of the same paragraph are not in accord or conflict, it shall be applied in the order of drawings, specifications, site descriptions, general conditions of contracts, special conditions of contracts, etc.

B. The above design documents are of a mutually complementary nature, and even if not specified in the contract statement, the part indicated in the design documents shall be executed without changing the contract amount.

C. When the plaintiff submits a proposal, it shall comply with the defendant's decision without increasing the amount, and the costs shall be borne by the plaintiff.

Article 12 (Change of Construction Work and Adjustment of Contract Amount)

A. The defendant may, if necessary, change or add the content and scope of the construction, or request the temporary suspension of construction in writing.

In such cases, if the contract period is extended or reduced, or the contract amount is increased or decreased, it shall be adjusted in consultation with the plaintiff.

B. The Plaintiff cannot demand an increase in the contract amount due to erroneous calculation, clerical error, price increase, etc. after concluding the contract.

(c).

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