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(영문) 대전지방법원 2019.11.20 2019가합101902
공사대금
Text

1. The Defendant’s KRW 442,009,890 for the Plaintiff and KRW 7% per annum from June 16, 2018 to October 19, 2018.

Reasons

. In the case of an extension, the penalty for delay shall not be imposed.

Article 23 (Adjustment of Contract Amount Due to Amendment to Terms and Conditions of Contract) (1) In cases where it is necessary to adjust the contract amount due to a change in the terms and conditions of contract except as provided for in Articles 21 and 22, the contract amount shall be adjusted according to the changed details. In such cases, general management expenses and profits, etc. for the increased or decreased construction works

(2) In relation to paragraph (1), "B" shall not demand any change in the contract amount or refuse any construction for reasons, etc. of the terms and conditions of the contract after the conclusion of the contract, except for those specified in Articles 21 and 22.

Article 30 (Compensation for Delay) (1) "B" shall pay to "A" the amount calculated by multiplying the contract amount by the rate of compensation for delay in the contract by the number of days of delay when the construction has not been completed within the deadline for completion.

[Special Terms and Conditions of Contract for Construction ] * Special Terms and Conditions of Contract ] * Special Terms and Conditions of Contract ? “B” agree to pay 1.3 billion won of the capital of the implementation company in the city of QUITY.

(hereinafter omitted)

A. On July 21, 2016, the Plaintiff entered into a construction contract with the Defendant to the construction cost of KRW 10,272,800,000 (excluding value-added tax) for the construction work of Sejong Special Self-Governing City CBL neighborhood living facilities (hereinafter “instant construction project”).

The main contents of the instant construction contract are as follows.

B. On February 28, 2018, the Plaintiff and the Defendant changed the scheduled date of completion of the instant construction to March 31, 2018, and extended the construction period. On March 3, 2018, the Plaintiff and the Defendant concluded a contract for change of the construction contract (hereinafter “instant contract for change of the construction contract”) by increasing the construction cost to KRW 11,161,00,000 (excluding value-added tax).

The Plaintiff and the Defendant are expected to complete the instant contract for modification of the contract, and the construction cost as above.

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