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(영문) 춘천지방법원 원주지원 2017.03.23 2016가합215
공사대금
Text

1. The Defendant’s KRW 156,186,270 among the Plaintiff and KRW 144,086,270 among the Plaintiff, shall be KRW 12,100,000 from March 1, 2016.

Reasons

Facts of recognition

On July 22, 2015, the Defendant entered into a contract for construction with the Seopopo District Office of Education of Jeju Special Self-Governing Province (hereinafter referred to as the “Spopo District Office of Education”) on the construction of KRW 809,947,500 with respect to the repair of classrooms in Jeju B. On December 16, 2015, the Defendant entered into a contract for construction change with the content that the construction cost shall be increased to KRW 1,004,06,000 on the ground of the design change related to the construction of the first and second floor in this Sub-Section.

On December 29, 2015, the classroom renovation works in Jeju consists of the works related to the first floor, second floor, third floor, and villa in this Sub-section. On December 29, 2015, the Defendant entered into a subcontract with the Plaintiff by setting the construction cost of KRW 440,00,00 (including value-added tax) with respect to the construction works for the third floor and the separate floor among them (hereinafter “instant construction works”), and the construction period from January 10, 2016 to February 28, 2016, respectively.

(hereinafter “instant construction contract”).

3. Construction processes that have not been included in the contract details shall be reflected in additional construction costs;

4. Supervision, supervision, completion, and civil petition affairs shall be handled by the contractor.

12.The direct and indirect construction costs incurred in the modification of a design shall be reflected 100% in Section B (referring to the plaintiff).

The main contents of the instant construction contract are as follows, and the specifications attached to the construction contract (hereinafter “instant specifications”) are indicated as “100% of the details of the modified contract at the time of design modification (including indirect expenses and management expenses).”

On February 12, 2016, the Defendant entered into a contract for construction modification with the Seopo District Office of Education to increase the construction cost from KRW 1,004,06,00 to KRW 1,061,02,60,00 for reasons of design modification related to the instant construction project, among the class D D major repair works in the Jeju Island B.

The details of specific increase in the construction price shall be as shown in the attached Form.

The Defendant’s construction cost under the instant construction contract is KRW 132,00,000,000 as the construction cost under the instant construction contract, and KRW 187,00,000 on February 5, 2016.

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