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(영문) 광주지방법원 2016.09.30 2015나9550
공사대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On July 23, 2012, the Plaintiff was awarded a contract for the construction cost of KRW 67,000,000 for the Korea-style Housing Construction Corporation (In the following cases, the “instant construction”) located in Gangnam-gun C from the Defendant, Gangnam-gu, Seoul (Seoul) (hereinafter “the instant construction”).

(hereinafter referred to as “instant contract”). The main contents of the instant contract are as follows:

3. Commencement of construction period: September 30, 2012.

4. Contract amount: Value-added tax of KRW 67,000,000 separately.

8.The owner (agent) of any other establishment of the Corporation shall be a person (one person) who has made the payment of the amount of the contract for a construction project and the approval of the contract for a construction project, and shall separately conclude a contract for any addition to the contract.

The owner of a building and the contractor shall conclude a construction contract in accordance with this contract and separate design drawings and specifications, and shall prepare two copies of this contract and related documents as evidence and keep them in one copy.

Article 16 (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, or are unclear, omitted or erroneous, or unexpected circumstances in relation to construction occur or the project plan is modified, the design shall be modified.

(2) Where an increase or decrease in construction volume occurs due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards:

1. The unit price of the increased or decreased construction works shall be based on the unit price indicated in the detailed statement of construction price referred to in Article 6;

2. The unit price for a new item not included in the detailed statement of construction price shall be the unit price computed as at the time of design modification; and

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

Except as otherwise provided for in Articles 16 and 17, where it is necessary to adjust the contract amount due to the amendment to the terms and conditions of the contract, the contract amount shall be adjusted according to the amendment, and in this case, Article 16 shall be applied.

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