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(영문) 서울중앙지방법원 2017.12.14 2016가합536867
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 157,357,673 to the Plaintiff (Counterclaim Defendant) and its related amount from June 17, 2015 to December 14, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 10, 2013, the Defendant awarded a contract to the Plaintiff for remodeling construction works on the buildings listed in the separate sheet (hereinafter “instant building”) (hereinafter “instant construction works”) by setting the construction cost of KRW 2,189,00,000 (including value-added tax) and the construction period of April 30, 2014.

After that, on August 12, 2014, the Defendant and the Plaintiff agreed to change the construction period to September 30, 2014 on the ground of the extension of construction due to the suspension of construction work during the same Section.

(hereinafter collectively referred to as the “instant construction contract”). Among the terms and conditions of the instant construction contract and the general contract included therein, the contents of the instant contract are as follows:

[Construction Contract] - The warranty liability period: 2 years - the warranty liability rate: 5/100 - Other matters: The defendant and the plaintiff conclude the contract according to the terms and conditions of the construction contract, additional design drawings and specifications, and prepare two copies of this contract and related documents as evidence and keep them in duplicate.

[General Conditions of Contract] Article 3 (Contract) (1) Contract Documents shall be composed of contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.

Article 16 (Adjustment of Contract Amount Due to Modification of Design) (1) In cases where the contents of a design do not coincide with the condition of the construction site, or are unclear, omitted or erroneous, or unexpected circumstances arise in relation to construction, or where installation of additional facilities is required due to a modification of the project plan, etc., the defendant shall revise the design.

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

1. A description shall be used only for the scope of the work, calculation of the nature of the work and the purpose of design change.

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