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(영문) 수원지방법원 2016.08.18 2014가합11966
공사대금
Text

1. The Defendant’s KRW 164,727,265 as well as 6% per annum from May 1, 2014 to August 18, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant received the instant building C (hereinafter “instant building”) from Hyundai Construction Co., Ltd. (hereinafter “former Construction”), which is located in Daegu-gun Construction Co., Ltd. (hereinafter “instant building”). On May 16, 2013, the Defendant concluded a subcontract for a construction contract under which the Plaintiff, a metal construction business entity, and the Plaintiff, the construction cost of KRW 1,00,000,000,000,000 for the said interior works (hereinafter “instant subcontract”).

At the time of conclusion of the instant subcontract, the Plaintiff and the Defendant drafted a construction subcontract agreement (hereinafter referred to as “instant contract”) which includes the following:

(B) A construction subcontract agreement form (in bulk)

5. The payment of the price (the approximate payment);

(c) Price adjustment following a change in the design, the change in the economic situation, etc.: The adjustment of the contract amount due to a change in the design under Article 14 of the General Conditions of the Contract (in summary) according to the contents and ratio thereof within 30 days from the date of receipt of the adjustment from the ordering person;

(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 construction cost and the unit price indicated in the detailed statement under 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;

4. The increased or decreased quantity shall be calculated only on the basis of the quantity established at the site, and it shall be based only on the quantity calculated from approved drawings.

Article 15 (Adjustment of Contract Amount Due to Price Fluctuations) (1) When 120 days have elapsed after the conclusion of the contract, the remaining works shall be made.

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