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(영문) 서울고등법원 2015.04.02 2013나2032138

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 4, 2005, the Plaintiff entered into a contract for the instant construction project with Nonparty B Co., Ltd. and C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) as the representative of the Plaintiff (hereinafter “Co., Ltd.”). On May 4, 2005, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant for the construction of electric power facilities (hereinafter “instant construction works”) with the Defendant, with the first construction cost of KRW 5 million,000,000,000,74,205, the first construction period of KRW 18,000,74,205, and the first construction period from the date of commencement to December 31, 2005, with the total construction period of KRW 34 months from the date of commencement (hereinafter “the instant contract”).

B. The ratio of indirect labor cost, industrial accident insurance premium and occupational health and safety management expenses, etc. to increase or decrease in the contract amount under paragraphs (1) and (2) of Article 19 of the contents of the general terms of the instant contract for construction, and the ratio of general management and profit, such as indirect labor cost ratio, industrial accident insurance premium rate and occupational health and safety management expenses on the calculation sheet, shall be based on the ratio of increase, general management and profit ratio, such as the ratio of indirect labor cost, industrial accident insurance premium rate

(7) Where the Corporation adjusts a contract price pursuant to paragraphs (1) through (6), it shall do so within 30 days from the date on which a request by the counter-party to the contract for the adjustment of contract price is received.

In such cases, where it is inevitable, such as delay in allocating a budget, the period of adjustment may be extended after consultation with the other party to the contract, and when there is no budget to adjust the contract amount, the consideration may be paid after adjusting the volume, etc.

(8) If a contracting officer finds that any request made by the other party to a contract under paragraph (7) for adjustment of the contract is unreasonable, he/she shall take necessary supplementary measures, etc. without delay.

In such cases, measures, such as request for supplementation, shall be taken by the other party.