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1. The Defendant’s KRW 22,380,00 and the Plaintiff’s annual rate of KRW 5% from May 28, 2015 to February 9, 2018.
Reasons
1. Facts recognized;
A. On May 30, 2013, the Plaintiff received the following contract (hereinafter referred to as the “instant construction contract”) by setting the opening of access roads and earth and sand construction work from May 30, 2013 to September 30, 2013, the construction cost of the construction work amount of KRW 242,00,000 (including value-added tax), and the rate of 1/1000 for liquidated damages (hereinafter referred to as “the instant construction contract”).
[General Conditions of Standard Contract for Private Construction Works] Article 17 [Adjustment of Contract Amount due to Modification of Design] 17 [Adjustment of Contract Amount due to Modification of Design] ① When the contents of the design do not coincide with the condition of the construction site, is unclear, omitted or erroneous, or unexpected circumstances arise in the construction site, or when the installation of additional facilities is required due to the modification of the project plan, etc., “A” must be modified.
(2) Where increases or decreases in the construction quantity due to the modification of 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 7;
2. The rate specified in the calculation sheet shall apply to general management expenses and profits, etc. for increased or decreased construction works;
Article 18 [Adjustment of Contract Amount Due to Price Difference] (1) If, after sixty days or more have elapsed since the conclusion of contract, the amount of the contract shall be adjusted if the fluctuation in the price, etc. of the items or items recorded in the calculation sheet is not less than 5/100 of the contract amount corresponding to the remaining works.
Article 19 (Adjustment of Contract Amount Due to Changes in Terms and Conditions of Other Contracts) (1) In cases where it is necessary to adjust the contract amount due to changes in the terms and conditions of the contract other than those pursuant to Articles 17 and 18, the changed details shall prevail.