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(영문) 대구고등법원 2016.10.06 2015나21784
공사대금
Text

1. The portion of the counterclaim that exceeds the money ordered to be paid under the following among the counterclaims against the judgment of the court of first instance.

Reasons

1. Basic facts

A. On April 18, 2014, the counterclaim Defendant, a business entity exempt from value-added tax, newly constructed an urban-type residential house 101, 102, and 103 units (five floors above each ground) on the ground of the name of “B house” (hereinafter “instant building”) with respect to the construction work (hereinafter “instant construction work”), which restored and reinforces the foundation of the said 102 units and 103 units (hereinafter “instant building”) to the Counterclaim on April 18, 2014, through a party to the counterclaim and agent D (A).

(hereinafter referred to as “instant contract”). (See the date of commencement and April 18, 2014: The contract amount on May 24, 2014: 228,000,000 won (excluding value-added tax), advance payment: 120,000 won (excluding value-added tax), and balance: 108,000,000 won (excluding value-added tax, within one month after completion and one month after completion of construction) [Adjustment of the contract amount due to modification] Article 17 [Adjustment of the contract amount] ① If the contents of the design are inconsistent with the state of the construction site, unclear, omitted, erroneous, or incomplete construction, or if it is necessary to install additional facilities due to the modification of the project plan, etc., “A counterclaim” shall be amended.

(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;

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