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(영문) 수원지방법원 성남지원 2018.08.21 2015가합1457
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 680,315,098 to the Plaintiff (Counterclaim Defendant) and its amount from December 12, 2014 to August 21, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company that is engaged in construction business, and the defendant is a company that aims at the construction and lease business of logistics warehouses.

B. On July 27, 2012, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant, which newly constructs a logistics warehouse (hereinafter “instant warehouse”) on the five parcels of land, B, and the wife population, as follows (hereinafter “instant warehouse”).

1. The name of the construction project: A new construction project (hereinafter referred to as “instant construction project”);

2. Location of a building site: Land, B, and 5 parcels outside of the population of tolerance-si;

3. Total floor area: 25,023 square meters;

4. A construction period: The contract amount on July 30, 2013: the scheduled date for completion of the project on August 20, 2012 scheduled date for commencement of the project on July 30, 2013: Article 11 (Modification, etc. of Design) of the General Conditions for the Construction Contract (excluding value-added tax) with the amount of KRW 14.15 billion as a whole

Provided, That when the plaintiff finds any of the following facts, he/she shall notify the defendant of such fact without delay via the field supervisor:

1) 설계서의 내용이 불분명하거나 누락,오류, 상호 모순되는 점이 있어 심히 부당할 � 2) 설계서와 지질, 용수 등 공사현장의 상태가 현저히 다를 때 ③ 피고는 공사의 일부 또는 전부의 시행을 중지시키거나 설계서를 변경할 필요가 있다고 인정할 때에는 원고에게 서면으로 이를 요구할 수 있다.

(4) Construction lines of building facilities constructed by the plaintiff shall take precedence over the construction specifications of the contract and the method of construction of the time construction, in principle, the final approved design documents after submitting the commencement date.

Article 12 (Adjustment of Contract Amount Due to Modification of Design) (2) Adjustment of contract amount due to a modification of design shall be in accordance with the following standards:

1) The unit price for the increased or decreased volume of construction works shall be the unit price indicated in the calculation sheet (hereinafter “contractual unit price”).

section 60.

provided, however, that the amount increased when the defendant requires a design change.

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