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(영문) 서울중앙지방법원 2017.07.21 2016가단86730
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,450,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 5, 2016 to July 21, 2017.

Reasons

1. Basic facts

A. On January 4, 2016, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff regarding the part of the structural construction among the new construction of a multi-family house located in Gangnam-gu Seoul Metropolitan Government C District D (hereinafter “instant construction”).

B. The main contents of the instant subcontract are as follows.

The name of the original contract: The name of the subcontracted project for the new construction of Gangnam-gu C district D: The period of construction of the structural foundation among the new construction of Gangnam-gu C district D: The contract amount on March 10, 2016 after completion of January 4, 201: the payment of the price of KRW 5,00,000 (including value-added tax).

(a) Advance payments: 10 thousand won; and

(b) The balance of (1) completed portion: 10,00,000 won (2) : 32,000,000 won (3) : the payment within one month after completion of the structural frame for the first floor; and

(c) The rate of liquidated damages paid within 15 days from the date of adjustment and payment (1) in accordance with the details and proportion of the price adjustment and payment (2) within 30 days from the date of the adjustment made by the ordering person in accordance with the change in the economic situation, etc.: Article 14 (Change and Suspension of Construction Contract) (1) of the terms and conditions of the subcontract of construction works in 1/1,000 of the contract amount shall be delivered to Eul (contractor and the defendant) in advance, at the request of the ordering person or his/her own change or temporary suspension of the execution of all or part of the construction works.

(2) With respect to the volume of construction works additionally constructed by B under the direction of A, A shall not have increased from the project owner.

Even if it is paid to B, it shall be increased.

Article 14-2 (Change of Contract Amount Due to Modification of Design) (1) Where there occurs an increase or decrease in the volume of construction works at the request of the ordering person, or upon his modification of design, etc., A shall adjust

(2) The adjustment of contract amount under paragraph (1) shall be governed by the following standards:

(b).

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