(영문) 수원지방법원 2015.10.22 2014가합3033

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(영문) 수원지방법원 2015.10.22 2014가합3033

공사대금

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1. The Defendant’s KRW 14,828,440 for the Plaintiff and KRW 6% per annum from September 25, 2015 to October 22, 2015.

Reasons

1. Basic facts

A. On May 30, 2013, the Plaintiff, a company incorporated for the purpose of the construction business, entered into a construction contract with the Defendant to undertake civil engineering works and construction works incidental thereto (hereinafter “instant construction contract”) on the instant land B and C (hereinafter “instant land”) with the period from May 30, 2013 to November 5, 2013, setting the construction cost of KRW 50,000,000, and from May 30, 2013 to November 5, 2013 (hereinafter “instant construction contract”).

Article 5 (Adjustment with Related Works) The defendant may, in consultation with the plaintiff, change the construction period, construction contents, construction amount, etc. of this construction in order to facilitate the contracted construction works, if necessary to adjust the construction works related to this project (hereinafter referred to as "related construction works").

Article 6 (Hearing of Opinions) The defendant shall hear the plaintiff's opinion in advance in determining detailed work methods, etc. of the process of execution.

Article 8 (Non-conforming Construction Works)

1. The defendant may, when there are parts not suitable for the design documents during the construction works executed by the plaintiff, request correction of such parts, and the plaintiff shall comply without delay.

In such cases, the plaintiff may extend the construction period under mutual agreement for the increase of the contract price or the extension of the air.

2. In the case of paragraph (1), when the inappropriate construction is due to a demand or instruction of the defendant or for reasons not attributable to the plaintiff, the plaintiff shall not be held liable for it.

Article 9 (Change or Suspension of Construction Works)

1. The defendant may, if deemed necessary, demand the plaintiff to change the content of the project, to add the project, or to temporarily suspend all or part of the project.

Accordingly, if it is deemed necessary to extend or reduce the construction period or to increase or decrease the contract price, it shall be determined in consultation with the Plaintiff.

2. As to the volume of construction works additionally executed by the Plaintiff according to the Defendant’s instruction.

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