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(영문) 서울중앙지방법원 2021.02.18 2017가합552392
공사대금
Text

A medical care hospital C of the Defendant (Counterclaim Plaintiff) medical corporation C of the Plaintiff (Counterclaim Defendant) shall be the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) in response thereto.

Reasons

A.The contents pertaining to this case are as follows:

Article 5 (Modification of Design)

A. When the Defendant Company considers it necessary, it may suspend all or part of the construction or modify design plans and specifications after consultation with the Plaintiff.

B. When changing under the preceding paragraph, the defendant company must give written instructions to the plaintiff, and when there is a change in the construction cost due to a design change, additional construction work, etc., the alteration work shall be conducted under the agreement between the defendant company and the plaintiff in accordance with the plaintiff's change

Article 7 (Method of Payment for Costs of Works) The payment rate of non-high-speed down payment (%) the payment period of the contract amount between 20% and 30% of the contract amount of the 30% of the contract amount of the 30% of the 30% of the 30% of the 30% amount of the 30% amount of the 30% amount of the 30% amount of the 30% amount of the 30% amount of the 30% amount of the 30% amount of the 30% amount of the 20,000,000 Won Won-gu,000 Won-gu,000 Won-gu (70%) after the completion of this,000 Won-gu 30% of the contract amount of the 20% amount of the 30% amount of the 30% amount of the 30% amount of the

A. If the Plaintiff failed to complete the construction within the construction period, and the cause is attributable to the Plaintiff, a 1/1,000 of the total construction amount shall be paid to the Defendant Company as a delayed reward for one day for the number of days per delay.

except that the provisions of this section shall not apply to the change of the construction period under section 5(b).

(b) Where the Corporation deems that a delay has occurred due to any of the following reasons, the number of days corresponding to the relevant number of days shall not be included in the number of days:

(4) If the commencement is delayed due to any other cause not attributable to the Plaintiff’s liability, the net construction cost for the written estimate of the construction cost: Value-added tax of KRW 119,60,000: Total construction cost of KRW 11,960,00: Conditions for the estimate of KRW 131,560,000:

1. Appendix 3 attached hereto, the date on which the Plaintiff prepared each contract with the Defendant Hospital on October 2015.

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