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(영문) 전주지방법원 남원지원 2017.02.02 2016가합1104
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 18, 201, the Plaintiff entered into a construction contract with the Defendant for construction works (hereinafter referred to as the “instant construction contract”) with the terms that it receives from the Defendant the payment of the construction cost of KRW 1,547,126,00 from November 21, 201 to May 30, 201 (hereinafter referred to as the “instant construction contract”). The specific terms of the contract are as follows.

Article 16 (Extension of Construction Period) (1) Where the execution of construction is delayed due to a cause not attributable to the defendant, such as a cause attributable to the plaintiff, natural disaster, force majeure situation, imbalance in the supply and demand of raw materials, etc., the defendant may request in writing the defendant to extend the construction period.

(3) Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses incidental thereto, shall be adjusted by applying Article 19.

Article 19 (Adjustment of Contract Amount due to Modification of Design) (1) of the General Conditions (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, is unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or when installation of additional facilities is required due to a modification of the project plan,

(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 for 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 the unit price calculated at the time of design modification;

3. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;

B. The instant case.

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