(영문) 서울중앙지방법원 2015.12.16 2014가합15946

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자간(%)

(영문) 서울중앙지방법원 2015.12.16 2014가합15946

공사대금

Text

1. The Defendant’s KRW 98,891,080 for the Plaintiff and 6% per annum from October 15, 2015 to December 16, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of mechanical facility construction business, etc., and the defendant is a company with the purpose of tourist leisure business.

Article 21 (Adjustment of Contract Amount due to Modification of Design) (1) of the General Conditions for Standard Contract for Construction Works (Adjustment of Contract Amount due to Modification of Design) (1) When the contents of a design do not coincide with the condition of the construction site, is unclear or erroneous, or unexpected circumstances arise in relation to construction, or when the installation of additional facilities is required due to a modification of the project plan, etc., “A

(2) Where the volume of construction works increases or decreases due to the modification of a design under paragraph (1), the contract amount shall be adjusted according to the following standards, and if necessary, the construction period shall be extended or shortened

1. The unit price for the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 9;

2. The unit price for a new item not included in the calculation sheet shall be the unit price calculated at the time of design modification;

3. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;

Article 22 (Adjustment of Contract Amount Due to Price Difference) (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 shall be applied to the rate specified in the calculation sheet.

(2) In relation to paragraph (1), the term "B" shall not demand any change in the contract amount or refuse 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.

B. On December 27, 2013, the Defendant (hereinafter “instant contact”) with the Plaintiff.

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