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(영문) 부산지방법원 2018.01.17 2016가합40616
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. The pertinent Plaintiff is a company engaged in civil engineering and construction business, and the Defendant is a company engaged in real estate rental business, etc.

B. The Defendant entered into and revised a construction contract on June 30, 201 (hereinafter “instant construction contract”) with the Plaintiff on June 30, 201, as well as D Construction Works implemented by Gangseo-gu Busan Party C (hereinafter “instant construction Works”).

(2) The construction period of construction shall be 3.1 million won (including value-added tax; hereinafter “the construction price of this case”) from October 1, 2011 to September 30, 2012, and 3.12 billion won (including value-added tax; hereinafter “the construction price of this case”).

(2) The construction contract of this case (hereinafter referred to as the “instant construction contract”).

(2) The main contents of the general terms and conditions of the contract for private construction works attached to the contract for the construction project in question are [Adjustment of the contract amount due to a modification of a design] Article 19 [1] (1) When the contents of the design do not coincide with the state of the construction site, or unclear, omitted or erroneous, or unexpected circumstances arise in the construction site, or when the installation of additional facilities is required due to a modification of the project plan, etc., the Defendant

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

1. The unit price for the increased or decreased construction works shall be determined through mutual consultation on the basis of the unit price indicated in the calculation sheets under Article 8;

2. The unit price for a new item not included in the calculation sheet shall be the unit price calculated at the time of design modification;

3. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;

Article 20 [Adjustment of Contract Amount Due to Price Difference] (1) In addition to the case as prescribed in Articles 19 and 20, it is necessary to adjust the contract amount due to the change in the contents of the contract.

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