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(영문) 의정부지방법원 2018.02.20 2014가합54066
공사대금
Text

1. The Defendant’s KRW 210,847,314 as well as the Plaintiff’s annual rate of 5% from February 9, 2013 to February 20, 2018, and the following.

Reasons

Basic Facts

On January 10, 2012, the Plaintiff entered into a contract with the Defendant for a new gas station construction project (hereinafter referred to as the “instant new construction project”), which newly constructs a gas station on the land outside C and three parcels in Namyang-si (hereinafter referred to as the “instant gas station”). As to the construction cost of the instant gas station, KRW 70,000,000 and June 30, 2012 for the date of completion of the new construction project (hereinafter referred to as the “instant construction contract”).

At the time of the instant construction contract, the Plaintiff and the Defendant included the terms and conditions of the standard construction contract in a part of the contract, and entered into the instant construction contract along with a detailed statement of the construction amount.

The main contents of the instant construction contract are as follows.

[Standard Contract for Private Construction Works] A contractor: The date of commencement of the Plaintiff: The date of completion on March 12, 2012: the contract amount on June 30, 2012: the rate of liquidated damages (including value-added tax): 70,000,000 won: The final settlement shall be made based on the specifications of design changes.

[General Conditions of the Standard Construction Contract for Private Construction Works] Article 16 (Extension of the Construction Period) (1) [Omission] “B” (Plaintiff) and where the execution of construction works is delayed due to reasons not attributable to the Plaintiff (Omission], the extension of the construction period may be requested to “A” (Defendant).

(2) Where there is a request for the extension of the contract period under paragraph (1), "A" shall take necessary measures, such as the extension of the contract period, so that the construction may be performed appropriately.

Article 19 (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 the installation of additional facilities is required due to the modification of a project plan, etc., “A” shall be modified.

(2) Modification of a design under paragraph (1).

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