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(영문) 대구지방법원서부지원 2019.09.05 2018가합51748
공사대금
Text

1. The Defendant’s KRW 98,663,640 as well as the annual rate of KRW 6% from May 2, 2017 to September 5, 2019, and the next day.

Reasons

1. Article 1 (General Provisions) The plaintiff and the defendant shall cooperate on an equal footing and faithfully implement the contract in good faith.

The terms and conditions of the special agreement shall take precedence over all the terms and conditions of the contract, and the civil and criminal legal effect of the special agreement shall take precedence over those of the contract.

The volume of the construction work shall be calculated by the Plaintiff, an expert in drawing(s), and shall not be the quantity of the specifications prepared by the Plaintiff, and shall be many, and the volume of the construction work shall not be responsible to the Defendant, a non-professional, and shall be constructed in accordance with the drawing and specifications, including the contract and special agreement.

Article 13 (Adjustment of Construction Amount Due to Design Modification) (1) In principle, the plaintiff and the defendant shall complete the construction work without design modification and increase or decrease of construction cost.

(2) In cases of changes in the structure or changes in the purpose of use in a single process of at least ten million won, the change in the structure shall be adjusted to increase or decrease in the number in consultation between the plaintiff and the defendant.

General management expenses and profits for increased or decreased construction works shall not apply.

Article 29 (Other Special Provisions) (3) Construction of electric light facilities - Section for common use (the whole of the 1st and second floors underground, stairs, corridor, and toilet of the front floor on the ground) other than those of the electric light facilities shall be the materials for payment.

- Electric light, pipes distribution lines, installed by the Plaintiff, and lighting shall be composed of 4 to 9 stories.

(5) outer lighting and landscape lighting - outer lighting and floor lighting, landscape lighting, etc. shall be paid as materials, and piping lines shall be the plaintiff.

(6) Construction of electric facilities in the commercial area - Electric light, electric heat, and piping lines shall be constructed by the plaintiff and lighting shall be made as materials for payment.

7. The Plaintiff and the Defendant shall carry out construction works without any increase or decrease in amounts, not based upon the existence of subsequent details as a written contract, which takes into account the changes in advance.

On January 27, 2016, the Plaintiff and the Defendant (hereinafter referred to as “instant building”) paid construction cost of KRW 656 million and construction period from January 27, 2016 to December 27, 2016, for electrical construction works among new construction works on land B (hereinafter “instant building”).

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