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(영문) 전주지방법원 2017.11.02 2016가합300
공사대금
Text

1. Labor expenses and night input expenses of KRW 30,315,00 due to night works among the instant lawsuits, and the expenses therefor.

Reasons

1. Basic facts

A. On December 2014, the Defendant entered into a subcontract with the Busan District Court B (hereinafter “new construction works of this case”) with the Busan District Court (hereinafter “the Busan District Court”).

(2) On July 1, 2015, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant to provide that the mold construction among the instant new construction works (hereinafter “instant mold construction”) shall be the contract amount of KRW 1,842,907,00 (including value-added tax) and the construction period from July 1, 2015 to March 1, 2016 (hereinafter “instant contract”). The main contents of the instant contract are as follows.

Article 3 (Additional Construction Works) (1) Where it is deemed necessary for a subcontractor (the plaintiff in this case; hereinafter the same shall apply) to perform additional construction works in addition to this contract, a principal contractor (the defendant in this case; hereinafter the same shall apply) shall issue a document related to the additional construction to the subcontractor before the subcontractor commences

(2) The date of entrustment, details, subcontract consideration, terms and conditions of entrustment, etc. of a project shall be determined in additional documents.

Provided, That where the principal contractor and the subcontractor have stipulated in the attached agreement, etc. in advance after mutual consultation, the details thereof may substitute for the above matters.

(3) With respect to any construction works additionally executed by a subcontractor under the instruction of the principal contractor, the principal contractor shall not have increased by the ordering

Even if the subcontractor is increased, it shall be paid to the subcontractor.

Article 7 (Construction, etc.) (1) The subcontractor shall perform the construction works in accordance with the terms and conditions of this contract and design documents (including construction specifications, design drawings and site descriptions: Provided, That in cases of the total unit price contract, if the calculation sheets are included in the calculation sheets, the form shall apply mutatis mutandis to the form of the contract established rules

(2) A subcontractor shall prepare a schedule of scheduled construction works without delay after concluding a contract.

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