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(영문) 서울중앙지방법원 2018.07.04 2016가합566240

공사대금

Text

1. The Defendant’s KRW 1,021,960,279 for the Plaintiff and 6% per annum from May 26, 2016 to July 4, 2018.

Reasons

1. Facts of recognition;

A. On December 31, 2012, the Plaintiff entered into a contract for construction works in the form of long-term continuing construction contracts (hereinafter “instant contract”) with the Defendant for the total construction cost of KRW 26,339,668,00, and the total construction period from December 31, 2012 to February 28, 2015 (hereinafter “instant contract”).

B. According to the general conditions of the construction contract included in the instant contract (hereinafter “instant general conditions”), where it is necessary to adjust the contract amount due to changes in the terms and conditions of the contract, such as changes in the construction period, distance, etc. in the construction contract, a contracting officer shall adjust the contract amount to the extent that it does not exceed the actual cost according to the changed terms and conditions (Article 23(1)), but if the contract amount is increased, it shall be adjusted upon the request of the other party (Article 23(4)), and the order-placing agency shall adjust the contract amount within 30 days

(Articles 23(5) and 20(8)(c).

The instant contract consists of a general contract and a multiple contracts, and the contract was concluded several times as indicated below, and the total construction period was finally extended from February 28, 2015 to March 29, 2016 to 395 days.

(1) The overall contract for the instant contract is classified as “general contract,” “number of contracts,” “number of contracts,” “number of contracts,” “total contract,” “number of contracts,” and “number of contracts,” respectively. Separately, the total number of contracts shall be extended on December 31, 2012, and the total number of contracts shall be extended on December 31, 2015, and the total number of contracts shall be extended on December 26, 2015; 26,339,668,000 on February 26, 2015; 203; 36,68,68,000 on June 11, 2013; 208; 36,68,000 on February 26, 2015; 208; 30,68,68, Jan. 29, 2014; 205, Mar. 16, 2014>