(영문) 인천지방법원 부천지원 2017.02.02 2015가단25503

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(영문) 인천지방법원 부천지원 2017.02.02 2015가단25503

공사대금

Text

1. The Defendant’s KRW 5,930,060 as well as 5% per annum from December 23, 2015 to February 2, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On May 30, 2015, the Plaintiff entered into a contract with the Defendant for the construction of a new site A neighborhood living facility (hereinafter “instant building”) in Seopo-si, Seopo-si, Jeju Special Self-Governing Province (hereinafter “instant construction”) with the cost of construction KRW 600,00,000 (value-added tax separate). The main content of the contract document (Evidence A No. 4) written at that time is as follows.

The location of real estate: The liability for warranty of KRW 120,00,000 in advance for the construction cost of two parcels outside A at Seopo-si, Jeju Special Self-Governing Province: 3% for the warranty of defect, and Article 19 [Adjustment of the contract amount due to modification of design] of the general conditions of the standard construction contract attached to the above contract for the warranty of KRW 120,00,000 for the warranty of defect: 3% for the warranty of defect, and Article 19 [Adjustment of the contract amount due to modification of design] of the standard construction contract for the private construction project attached to the contract for the warranty of the defect warranty period of 3 years for the warranty period.

(2) Where an increase or decrease in construction volume occurs due to the modification of a design under paragraph (2), the contract price shall be adjusted according to the following standards, and the construction period shall be extended or shortened, if necessary

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 39 [Matters under Special Agreement] Other matters not provided for in this Agreement may be determined by a separate special agreement between "A" and "B (referring to the plaintiff who is the contractor)".

(6) In addition to the details of a contract, it shall be applied separately.

유사 판례

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-광주고등법원(제주) 2014.11.05 2013나975

-대구지방법원서부지원 2016.12.06 2015가합6150