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(영문) 인천지방법원 2018.11.30 2017가합816
공사대금
Text

1. The defendant,

A. The Plaintiff’s KRW 103,787,00 per annum from April 20, 2017 to November 30, 2018, and the Plaintiff’s KRW 5% per annum.

Reasons

1. Basic facts

A. From June 19, 2016, the Plaintiff entered into a contract with the Defendant on July 19, 2016 on the construction period for the construction of the instant ground C factory (hereinafter “instant factory”) with the Defendant as the construction period from July 19, 2016 to November 18, 2016, and the construction price is KRW 1.1275 million (including value-added tax). The content of the instant case is as follows.

Contract for Construction Works

1. Construction name: New Construction of C factory;

2. The place of construction: when they are inflammable B; and

3. Commencement of construction period: November 18, 2016.

4. Contract amount: Value of supply in 1,127,50,000 won: 1,025,000,000 won: 102,50,000 won; and

5. Contract bond: 12,750,000 won; and

6. Advance payment: No one.

8. Warranty liability period: two years; and

9. Warranty bond rate: 3%: 1/1,00 of the general conditions of the contract for construction works, and Article 14 (Adjustment of Contract Price due to Modification of Design) (1) When the contents of the design are inconsistent with the state of the construction site, or are unclear, omitted or erroneous, or when there occurs any unexpected situation in the course of construction works, or when the business plan has been 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 5;

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

3. General management expenses and profits for increased or decreased construction works shall be based on the ratio as at the time of conclusion of contracts;

Article 20 (Performance Delay) (1) When a plaintiff fails to complete construction within the deadline for completion, he/she shall pay to the defendant an amount calculated by multiplying the contract price by the delayed rate for each day.

However, natural disasters, wars, closure of ports, infectious diseases, and prevention of epidemics.

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