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(영문) 서울중앙지방법원 2019.01.09 2016가합38561
공사대금
Text

1. As to the Plaintiff KRW 13,659,144 and KRW 11,00,00 among them, the Defendant shall pay to the Plaintiff KRW 13,659,14.

Reasons

1. Basic facts

A. The Plaintiff is the contractor who was awarded a contract with the Defendant for remodeling work for the Gangnam-gu Seoul Defendant C’s History (hereinafter “instant building”) (hereinafter “instant construction work”), and the Defendant is the contractor of the instant construction work.

B. On April 1, 2016, the Plaintiff and the Defendant concluded the instant contract for construction, with regard to the instant construction, the removal of KRW 195,000,000 (value-added tax separately), the provisional construction contract (the first contract) as the contract amount of KRW 100,000 (value-added tax separate) on April 18, 2016, and the construction contract for the construction of the facilities, electricity, outflow, and the initial cost of the laverg (the first-1-1 contract) as the contract amount of KRW 100,000 (the value-added tax separate contract) on April 18, 2016. The terms of each of the said special contract include that “the total contract amount of the instant construction contract may not exceed 1,40,000,000,000,000 (value-added tax)” as the contract amount of KRW 20,000,000 from May 6, 2016.

7. Conditions for payment of down payment: 10% (in the case of a contract, the intermediate payment: 10% (within 30 days after the completion of occupancy of the defendant).

Ⅱ Article 20 (Amendment or Suspension of Construction Works) of the General Conditions for Standard Contracts for Private Construction Works (Amending or Suspension of Construction Works) (1) In the event that the Defendant amends or adds the contents of construction works or temporarily suspends construction works in whole or in part, the contract shall be delivered to the Plaintiff

(2) When the defendant fails to deliver the documents related to the modification and addition of the details of construction works under the preceding paragraph, the plaintiff may notify the defendant of the matters concerning the modification and addition of the contracted construction works in writing and request confirmation

(3) No additional construction volume that the plaintiff performed by the defendant under the direction of the defendant shall be made.

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