logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.04 2018가합537376
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant entered into the instant construction contract on January 19, 2009 C (hereinafter “instant construction contract”)

As to the public notice of construction tender (hereinafter “instant public notice of tender”)

(2) On March 31, 2009, the Plaintiff signed a contract for construction work in the form of long-term continuing construction contract (hereinafter “instant contract for construction work”) with the Defendant on March 31, 2009, by setting the contract amount of KRW 400,00,000 for the instant construction work, the total construction period of KRW 113,039,00,000 for the construction work, the date of commencement of construction work, March 31, 2009; the date of completion on December 17, 2009; and the total construction period of KRW 2,100 for the construction work (hereinafter “instant contract for construction work”).

(3) The general terms and conditions of the construction contract included in the construction contract of this case (hereinafter “the general terms and conditions of this case”) are as follows.

(i)Article 20 (Adjustment of Contract Amount due to Modification of Design) (1) In the event of increase or decrease in the volume of construction, such as modification of methods of design modification, modification of input materials, etc., a contracting officer shall adjust the contract amount according to the standards falling under any of the following subparagraphs:

2. The unit price for an item or a item not indicated in the detailed statement of calculation (including cases where performance, standard, etc. are different even for the same item; hereinafter referred to as "new item") shall be the amount of the successful tender or the contract price for the estimated price in the unit price calculated on the basis of the unit price at the time of design modification (where the drawing of design is to be modified, when the defendant is determined, where the modified drawing is not required, when the parties to the contract agree on the design modification in writing, and where preferential construction has been executed pursuant to Article 19 (3); hereinafter the same shall apply);

arrow