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(영문) 서울중앙지방법원 2018.11.23 2017가합567295
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 20, 2012, the Plaintiff entered into a construction contract with the Defendant on December 20, 2012, with respect to construction works for the construction of Pakistan C (hereinafter “instant construction works”), which are conducted in Pakistan (hereinafter “instant construction works”), with the contract amount of USD 1,313,00, and the construction period from December 20, 2012 to December 31, 2013 (hereinafter “instant construction contract”).

Among the terms and conditions of the international construction contract of the instant construction contract (hereinafter referred to as “special terms and conditions”) and the detailed consultation on the special terms and conditions of the contract of this case (hereinafter referred to as “record of detailed consultation”) related to this case are as follows:

(1) The plaintiff may request an inspection of the completed portion from the date of commencement to the date of completion of the inspection under Article 29 of the General Conditions every one month from the date of commencement. In such cases, the defendant shall conduct the inspection without delay and notify the plaintiff of the result thereof, and if no notification is made within 15 days, the plaintiff shall be deemed to have passed the inspection.

(2) The defendant shall, within 20 days from the date of completion of the inspection, confirm the price of origin according to the inspected contents and pay it to the plaintiff.

However, if the plaintiff claims the payment of the price after the inspection is completed, it shall be paid within 20 days from the date of receiving the claim.

Detailed Statement of Consultation

1. The design approval phase is consented to the increase in the construction progress with respect to the four design changes in pipes, outdoor stairs, and the elevator location change (hereinafter referred to as the “additional Construction”) following the additional installation of underground water tanks, air conditioners, which are the design changes arising from the design approval phase;

The change in the remaining design and quantity shall be carried out by the total contract method.

The Plaintiff commenced the instant construction work on February 24, 2013 without obtaining final approval for the design change from the Defendant.

The plaintiff's request for the increase of additional construction costs.

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