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(영문) 서울남부지방법원 2010.08.12 2009가합19520
공사대금등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) USD 445,01 and its amount from September 16, 2009 to August 12, 2010.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be admitted if there is no dispute between the parties or if they are added to the purport of the entire pleadings in the entries in Gap 1, 2, 4, 5, 6, and 24:

After receiving a contract for B construction work (B; hereinafter “B”) from A, the Defendant entered into a subcontract on November 16, 2007 with DIMJV (name of the Plaintiff, the joint sub-beneficiary, and the options plant service provider located in the Philippines) with respect to the mechanical pipeline construction during the said construction (hereinafter “the instant mechanical pipeline construction”).

(1) Construction name: (1) Construction period: (3) Construction period from November 16, 2007 to September 29, 2009: contract amount: US$3890,00 (5) contract amount: US$1,365,180; (2) 947,920; (3) 296,40 U.S. dollars for material consumption (TOSSSS) and other expenses (OTHS) 1,280,50 U.S. dollars 1,280,50 (6) contract amount must be adjusted if there occurs an increase or decrease in construction volume at the request of the project owner or due to a design change, etc.

(Article 14(1) and Article 14-2(1)(b) of the Act, with respect to the volume of construction works additionally executed by DIM JV under the direction of the Defendant, the Defendant did not have increased from the ordering person.

Even if it is paid, it shall be increased to DIMJV.

(Article 14(2)(c) shall be the amount calculated by multiplying the unit price indicated in the statement of calculation (hereinafter referred to as "contractual unit price"), the unit price for a new item with no contractual unit price by the successful tender rate calculated as at the time of the modification of the design, and in cases of a modification of design from the ordering person, it shall be limited to the extent adjusted by the ordering person.

(Article 14-2(2)(d) In the event of an increase or decrease in the volume of construction in accordance with the direction of the defendant, the defendant and the IMJV shall determine the price for the increased or decreased volume of construction.

(Article XIVbis(5).

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