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1. The Defendant’s KRW 565,468,543 as well as its annual 6% from November 15, 2014 to October 17, 2016 to the Plaintiff.
Reasons
Basic Facts
(1) On November 16, 2013, the Plaintiff entered into a construction contract and performed the Plaintiff’s construction work, and the Plaintiff entered into a construction contract and entered into a C building on three lots, including Defendant and Busan-gu B (hereinafter referred to as the “instant building”).
(2) the construction of the new construction project (hereinafter referred to as the “construction of the instant case”).
with respect to the construction cost of KRW 4.18 million (including value added tax) and the construction period from November 25, 2013 to July 24, 2014, with respect to the construction contract (hereinafter referred to as the “instant contract”).
AB concluded the agreement.
Article 19 of the General Conditions of the Contract for Construction Works (1) When the contents of the design do not coincide with the condition of the construction site, or are unclear, omitted, or erroneous, or unexpected circumstances arise in the construction site, or when installation of additional facilities is required due to the modification of the project plan, etc., the defendant shall modify the design.
(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 of 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;
Special Matters
3. It excludes automobile tax, wastewater, facilities related to improvement, equipment, and joint estimate of pipeline construction works. 2 The Plaintiff and the Defendant are as of July 10, 2014.
9. On 2 occasions on October 30, 201, the instant construction period was agreed to be extended by October 30, 2014.
On August 27, 2013, before the conclusion of the instant contract, the Defendant obtained a construction permit and an additional construction agreement with respect to the instant building from the head of the Gu of Busan Metropolitan City on August 27, 2013.
At the time, the scale of the new construction of the building in this case is the second floor, the third floor above ground, and the third floor above.