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(영문) 서울중앙지방법원 2017.06.30 2016가합553053
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. The Plaintiff is a construction company that received construction from the Defendant for the main apartment on the ground of Pyeongtaek-si and three lots (hereinafter “instant apartment”) (hereinafter “instant apartment”). The Defendant is the owner who ordered the said construction.

B. On February 15, 2014, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant with regard to the instant construction project as “area 2,527.05 square meters (around 764 square meters)”, “amount of KRW 3.1 million per square meter”, “total contract amount of KRW 2.368 million (i.e., KRW 3., KRW 3.1 million per square meter x 764 square meters)”, and the main contents of the instant contract related to the instant issues are as follows.

- The instant contract -

8. Article 16 of the basic principles: Adjustment of the contract amount due to design modification;

1. When the contents of the design document are inconsistent with the condition of the construction site, or is unclear, omitted, or erroneous, or when a situation in which the contents of the design document have not been unexpected due to excessive construction has occurred or the project plan has been modified, the design shall be modified;

2. Where an increase or decrease in the quantity of construction works has occurred due to the modification of design as referred to in paragraph (1), the contract amount shall be adjusted according to the following

1) The unit price for the increased or decreased construction shall be 3.1 million won per average contractual unit price for the construction project. 2) The unit price for the new item not included in the description of the construction price shall be the unit price calculated as at the time of the modification of the design.

3) General management expenses and profits for increased or decreased construction works shall apply to the rate specified in the calculation specifications of the contract. 4) The increase or decrease in construction costs shall be adjusted by applying the average construction cost per contract to the increased or decreased construction cost when the total floor area is changed as a result of a design change.

10. Special Agreement No. 32. Contract Price No. 32. Contract Price No. 2,355,290,000 won was the contract price, but the contract was concluded by changing the contract price to the contract price of KRW 2,368,40,000,000 as seen earlier, as at the time of the preparation of the contract of this case.

contract at the time of change.

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