(영문) 춘천지방법원 2017.11.22 2016가합50221

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(영문) 춘천지방법원 2017.11.22 2016가합50221

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 March 2015, the Defendant, as an owner of land for factory B 8,919 square meters in Gangwon-gun, entered into a contract for construction works with the Plaintiff, setting the construction period from March 3, 2015 to June 30, 2015 (excluding value-added tax) as the contract amount, the contract amount, 1,430,000,000 (hereinafter referred to as “instant contract”). The relevant contents among them are as follows.

Article 1 (General Provisions)

4. Contract amount: 1,430,000,000 won (per additional tax);

5. Advance payment: 10% of the contract amount (payment within five days after the contract is made);

6. Method of payment of the price for construction: Monthly payment based on the rate of work progress. (1) The date of commencement and completion of construction work shall be the date specified in the contract;

Article 19 (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 arise in relation to construction, or when the installation of additional facilities is required due to the modification of a project plan, etc., Gap (Defendant) shall modify the design.

(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;

Article 22 (Charges) (1) If any provision concerning the completed portion in the contract is expressly stated, B (Plaintiff) may request an inspection of the completed portion pursuant to such provision, and in such cases, A shall conduct an inspection without delay and notify B of the result thereof, and if no notification is made within seven days, A shall be deemed to have passed the inspection.

(2) The completed portion shall be Article 2.

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