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(영문) 부산지방법원 2014.10.01 2013가합297

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 8, 2008, the Plaintiff received from the Defendant a total construction period of KRW 13,751,353,000, and the total construction period of construction from December 8, 2008 to December 7, 2010 (total 730 days).

At the time of concluding the instant construction contract, the Plaintiff and the Defendant agreed to include the general terms and conditions of the construction contract, which apply to the conclusion of the contract to the State as a party.

B. The instant construction contract was concluded four times through a long-term continuing construction contract method (the total construction cost determined by a successful bid, etc. shall be additionally stated and the contract by each number within the budget of the pertinent year). The main contents of the instant construction contract are as stated in the attached Form “the construction contract by each number of teas and the modified contract.”

C. Although the scheduled completion date of the instant construction project was December 7, 2010, the construction period was extended due to changes in design, delay in land compensation, obstruction snow and delay in bringing in government-funded materials during the process of performing the construction project. Accordingly, the instant construction contract was modified on nine occasions as shown in the attached Table.

The Plaintiff completed the instant construction before the scheduled completion date, and the Defendant paid the construction price to the Plaintiff on August 14, 2012.

E. Article 20 (Adjustment of Contract Price due to Modification of Design) (1) of the main contents of the general conditions of the construction contract applicable to the instant construction contract (amended by the Rules on Planning and Finance Sub-Contract) (amended by July 9, 2012) (1) A contracting officer shall adjust the contract price according to the standards falling under any of the following subparagraphs in cases where there occurs an increase or decrease in construction volume, such as a change in the method

(7) Where an ordering agency adjusts a contract amount under paragraphs (1) through (6), it shall adjust the contract amount of the other party to the contract.