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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On May 18, 2015, the Plaintiff entered into a contract with the Defendant for the construction of machinery and equipment (hereinafter “instant construction”) located in Seocho-gu Seoul Special Metropolitan City (hereinafter “instant housing”) as follows (hereinafter “instant contract”). On May 20, 2015, the Plaintiff received KRW 2,000,000 as the down payment from the Defendant on May 20, 2015.
Standard contract for private construction works
1. Name of the construction work: Construction work of housing machinery and equipment;
2. Place of construction: Seowon-gu, Cheongju-si B.
3. Date of commencement: May 18, 2015: 6,000,000 won on July 5, 2015;
7. Advance: 2,000,000 won; and
8. Amount completed: Payment of the balance within 15 days after the completion of construction; and
B. On August 6, 2015, the Plaintiff entered into a contract with the Defendant to amend the instant contract with respect to the instant construction project (hereinafter “instant contract”) as follows, and completed the construction.
Standard contract for private construction works (revision)
1. Name of the construction work: Construction work of housing machinery and equipment;
2. Place of construction: Seowon-gu, Cheongju-si B.
3. Date of commencement: May 18, 2015: 6,300,000 won on August 5, 2015;
7. Advance: 2,000,000 won; and
8. The completed portion: The balance payment of 11. The payment of the 15 days after the completion of the construction work: (Public) the contractor (hereinafter referred to as "A") and the contractor (hereinafter referred to as "B") under Article 1 (General Provisions) of the General Conditions for the Standard Contract for Private Construction Works shall comply with the contract in good faith in cooperation on equal terms.
Article 21 (Adjustment of Contract Amount Due to Modification of Design) (1) In a case where 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 where the installation of additional facilities is required due to a modification of the project plan, etc., A shall alter the design.
(2) Modification of a design under paragraph (1).