(영문) 광주지방법원 2015.02.06 2013가합10972

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.02.06 2013가합10972

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 75,573,630 to the Defendant (Counterclaim Plaintiff) and its related amount from November 27, 2013 to February 6, 2015.

Reasons

1. Basic facts

A. On December 7, 2009, the Defendant: (a) on December 12, 2009, the Plaintiff and B (hereinafter “instant building”); (b) on the construction period from December 12, 2009 to July 31, 2010, determined the rate of liquidated damages as KRW 1/1,000 per day for the construction work; and (c) on the construction cost for liquidated damages as KRW 1,793,000 for the construction cost per day; and (d) paid the Plaintiff KRW 537,90,000 for the down payment.

B. On February 16, 2011, when the Plaintiff and the Defendant did not start the instant construction, the contract content was modified as follows:

(hereinafter “Amendment Contract”). After the date of completion of a project plan on July 31, 2010 before the amendment of July 31, 201: The construction cost: 1,240,000,000 won before the amendment of the previous 1,793,00,000 won and the down payment method (43.4%): The first intermediate payment (24.2%) of KRW 537,900,000: The second intermediate payment (24.2%) of KRW 300,000: The remainder at the time of completion of a steel structure (8.2%) of KRW 300,00,000: 102,100,000 (including the completion of a steel structure roof): The Defendant shall either modify the contract price or adjust the contract price of the new construction project due to the amendment of the construction project plan, or fails to meet the standard terms and conditions for delay (10,000,000 won after the completion of the construction site).

Article 19 (Adjustment of Contract Amount Due to Amendment to Terms and Conditions of Contract) (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 17 and 18, 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

(2) In relation to paragraph (1), the plaintiff shall change the contract amount on the ground that the contract term is unknown, etc. after the conclusion of the contract, in addition to the grounds for the adjustment of the contract amount under Articles 17

유사 판례

-춘천지방법원 2018.05.29 2017가단50825

-서울중앙지방법원 2017.09.08 2015가합22170

-광주지방법원순천지원 2019.01.15 2018가단70261

-수원지방법원 안산지원 2018.02.09 2015가단13102

-대구지방법원김천지원 2019.02.12 2018가단33691