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(영문) 서울중앙지방법원 2019.08.14 2018가합516980

공사대금

Text

1. As to KRW 2,137,794,692 among the Plaintiff and KRW 500,000,000 among the Plaintiff, the Defendant shall start from April 5, 2018, and the remainder of KRW 1,637,794.

Reasons

1. Basic facts

A. On February 21, 2007, the Public Procurement Service under the Defendant’s control (i) concluded and revised the construction contract, and (ii) executed two road construction works between the Plaintiff and the Plaintiff on February 21, 2007, using the end-user institution as the original Regional Land Management Administration of the Ministry of Construction and Transportation.

As to a long-term continuing contract, a contract for construction works shall be entered into (i) the contract amount of KRW 63,400,558,000, and (ii) the contract amount of KRW 100,000,000 and the period of construction from February 27, 2007 to August 26, 2007, in addition to the total construction amount of KRW 63,400,558,00 in the form of a long-term continuing contract (hereinafter “instant contract”).

(2) The general terms and conditions of the construction contract incorporated under the instant contract [the Accounting Rules of the Ministry of Finance and Economy (2200.04-104-15, December 29, 2006, hereinafter “instant general terms”)]

[2] The part relating to the instant case is as follows.

(4) The ratio of indirect labor expenses, industrial accident insurance premium and occupational health and safety management expenses, etc. to the increase or decrease in the contract amount under paragraphs (1) and (2), and the general management expenses and profits, such as the ratio of indirect labor expenses, the ratio of industrial accident insurance premium rate and the occupational health and safety management expenses, etc. on the calculation sheet, and the ratio of general management expenses and profit rate, shall be based, but it shall not exceed the ratio determined by relevant Acts

(7) Where an order-placing agency adjusts a contract amount under paragraphs (1) through (6), it shall adjust the contract amount within 30 days from the date of receiving a request from the other party to the contract for the adjustment.

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.

(9) In the case of a long-term continuing contract for the cost of completion under Article 40, the other party to the contract under the former part of paragraph (7) shall be requested to adjust the contract amount, respectively.