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(영문) 창원지방법원통영지원 2020.01.16 2017가합11335
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

Upon entering into a shipbuilding contract, the Plaintiff submitted to the Defendants a quotation of KRW 988,470,00 on one of the vessels with respect to the construction of the vessel, and on January 11, 2017, the Defendants and two of the vessels (D, elected number, E, F, and hereinafter referred to as “each of the vessels of this case”) entered into a shipbuilding contract (hereinafter referred to as “instant contract”) with the Defendants on the terms of the contract from February 20, 2017 to June 30, 2017, with the total construction cost of KRW 1.9 billion (in addition), and the terms of the instant contract are as follows:

The Defendants (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) shall conclude the following basic contracts with respect to shipbuilding works:

Article 5 (Amendment of Contract) (1) A and B may amend the terms and conditions of an individual contract by mutual agreement, and in such cases, A shall deliver to B a document stating the fact that the terms and conditions of amendment.

(2) A shall deliver a modified contract to B, at the request of the project owner, where it is deemed necessary to modify the details of construction or perform additional construction.

Article 19 (Amendment of Contract) (1) Where it is deemed necessary with A or B, or where it is intended to modify or add the contents of contract at the request of the ordering person, A and B may modify by mutual agreement the basic contract and individual contract, and by document bearing their signature and seal.

(2) Where adjustment of subcontract consideration is necessary due to a change in the content of business, such as the form, period, and quantity of work, at the request of A when the contract is changed pursuant to paragraph (1), A and B shall reasonably adjust subcontract consideration for a change in the content of business through consultation.

Article 20 (Change of Contract Amount Due to Modification of Design) (1) Where an increase or decrease in quantity of an object occurs due to a change of design, etc., A shall adjust the contract amount to B.

(2) General management expenses for increased or decreased contract amounts.

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