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(영문) 서울중앙지방법원 2016.11.30 2015가합511687
손해배상(기)
Text

1. The Defendant Daeyang Co., Ltd.: (a) KRW 1,416,909,661 for the Plaintiff and its related amount from March 3, 2015 to November 30, 2016.

Reasons

1. Facts of recognition;

A. Article 14 (Change or Suspension of Construction) (1) In a case where the Plaintiff and the Defendant Yangyang Co., Ltd. (hereinafter “Defendant Yangyang”)’s subcontract is deemed necessary, or where the Plaintiff deems it necessary, changes the contents of construction at the request of the ordering person, or temporarily suspend the construction of all or part of the construction, the Plaintiff shall deliver in advance the documents, such as the modified contract, to the Defendant Yangyang.

(2) An increase or decrease in the contract amount under paragraph (1) shall be in accordance with the following standards within the scope of the adjustment made by the ordering person:

1. The unit price of the increased or decreased construction works shall be determined by mutual agreement between the Plaintiff and the Defendant Yangyang Land on the basis of the unit price on the calculation sheet under Article 3(2) (hereinafter “contractual unit price”).

④ Under the direction of the Plaintiff, the Plaintiff did not receive an increase from the ordering person as to the volume of the construction works additionally constructed by Defendant Daeyang-do.

Even if it is paid to the defendant Tyang case, it shall be increased.

Article 15 (Change of Contract Price Due to Price Fluctuation) (1) The contract price shall be determined by an agreement between the plaintiff and the defendant Yangyang to reflect the price at the date of conclusion of the subcontract (the date of conclusion of the original contract in cases of selecting a subcontractor according to an incidental tender). If the plaintiff has received an adjustment of the contract price from the ordering person for the reasons of the price, fluctuation of charges, etc. of the item after the conclusion of the contract, he/she shall pay the contract price after adjusting the contract price according to the content and proportion, if any additional cost is

In such cases, the adjustment of the contract price of a subcontract shall be made within 30 days from the date on which A receives the adjustment from the ordering person.

(2) The adjustment of contract amount pursuant to the provisions of paragraph (1) shall be applied to the price for the materials brought in and the services provided after price fluctuations.

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