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(영문) 서울서부지방법원 2017.01.19 2014가합9335
공사대금
Text

All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

(b) Costs of lawsuit;

Reasons

B. Around September 2012, when demanding additional construction costs necessary for the additional construction of grating additional construction and the reinforcement construction of vertical devices, the construction was suspended on or around March 9, 2013. On or around March 9, 2013, up to the time, until the time spent KRW 2.658 billion for construction costs and incurred losses of KRW 1.32 billion against the initial cost.

5) On May 2013, the Plaintiff and the Defendant agreed to change the subcontract rate below, which serves as the basis for calculating the contract amount of the instant river area. The Plaintiff and the Defendant agreed to re-Adjustment the subcontract rate in accordance with the following criteria and not to raise any objection, civil or criminal problems later, and the Plaintiff, a subcontractor, does not require the additional construction amount and the additional construction period in relation to the relevant construction, and the Plaintiff, a subcontractor, at the same time, will not raise any problems due to the restoration to the surrounding road and the site of the construction. - below - * (Adjustment) rate: - Additional Amount - 5: 96.5% (Amount of contract - 7 years old - 5 days old - subcontract amount) - the subcontract area - the subcontract area - the subcontract area - the subcontract area 5 years old (excluding the additional number of 0 hours construction and the arrival water number 6 years old ) and after the alteration of the contract amount of the river area 1, 2013.

7. However, around August 12, 2013, the Plaintiff’s soil quality at the construction site of the instant Gangseo area differs from that of the design and added a large number of new items that are not originally designed, and the Plaintiff’s reconstruction following the modification of the design.

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