공사대금
The defendant's KRW 2,11,265,131 among the plaintiff and its KRW 1,00,000 among the plaintiff's KRW 2,11,265,131, and the remainder 1,111,265 among the plaintiff's KRW 1,00.
1. Basic facts
A. 1) On July 29, 2015, the Defendant-affiliated agency B, published a tender for the construction of D facilities to the Incheon Spoi-gun C (hereinafter “instant construction”). The Plaintiff was selected as the successful bidder of the instant construction project.
2) On October 19, 2015, the Plaintiff entered into a contract with the Defendant for construction works of this case for the construction period of KRW 63,377,658,780, and for construction period from October 19, 2015 to June 18, 2017 (hereinafter “instant contract”).
3) Of the general conditions and special conditions of the construction contract included in the instant contract, the key contents relevant to the instant case are as follows.
Article 20 (Adjustment of Contract Price due to Modification of Design) (1) of the General Conditions of the Construction Contract (hereinafter referred to as the “General Conditions in this case”) (1) A public official in charge of the contract shall adjust the contract price according to any of the following standards if there occurs an increase or decrease in the volume of construction, such as a change in the method of execution of design modification,
(8) Where an agency awarding an order adjusts a contract amount pursuant to paragraphs (1) through (7), it shall adjust the contract amount within 30 days from the date on which it is requested by the other party to the contract to adjust the contract amount.
In such cases, in extenuating circumstances, such as delay of budget allocation, etc., the period of adjustment may be extended in consultation with the other party to the contract, and when there is no budget to adjust the contract amount, the consideration may be paid by adjusting the volume of construction
(10) A claim for the adjustment of the contract amount by the other party to a contract under the former part of paragraph (8) shall be filed for the conciliation before the receipt of the cost of completion under Article 40 (the cost of completion by each number of vehicles in cases of a long-term contract
Article 23 (Adjustment of Contract Price due to Amendment to Terms and Conditions of Other Contracts) (1) In cases of a construction contract, a public official in charge of contract shall change, etc. the construction period and distance, except as otherwise provided for in Articles 20 and 22.