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(영문) 서울중앙지방법원 2019.05.29 2017가합566780

공사대금

Text

1. The Defendant’s KRW 2,980,073,579 among the Plaintiff and KRW 201,00,000 among the Plaintiff, shall be from October 31, 2017, and KRW 2,779,073.

Reasons

1. Basic facts

A. 1) The Public Procurement Service entered into a contract for construction works on February 2, 2009 (hereinafter “instant construction works”).

As to the end-user institution, the Ministry of Land, Transport and Maritime Affairs, the Busan Regional Land, and the Ministry of Land, Transport and Maritime Affairs under the Defendant, specified the “long-term Long-Term Contract” and specified the “Long-Term Contract”. 2) The Plaintiff and C Co., Ltd. (hereinafter “Plaintiff, etc.”) constituted a joint supply and demand organization (investment ratio: Plaintiff (representative) and C15%) in the method of joint performance, and participated in the said bidding and was

3) On April 16, 2009, the Plaintiff et al. stated the total construction amount of KRW 49,363,685,00 and the total construction period of KRW 1,800 in the form of a long-term long-term contract with the Public Procurement Service and a long-term contract (hereinafter “instant contract”).

4) The general terms and conditions of the contract for construction incorporated under the instant contract [the Accounting Rules of the Ministry of Finance and Economy (2200.04-104-18, December 29, 2008, hereinafter “instant general terms”)]

(4) The ratio of increase in the contract amount, such as indirect labor expenses, industrial accident insurance premium and occupational health and safety management expenses, and general management expenses and profits, to the increase in the contract amount under paragraphs (1) and (2) of Article 20, shall be based on the ratio of increase in indirect labor expenses, such as the ratio of industrial accident insurance premium and occupational health and safety management expenses on the calculation sheet, the ratio of increase in the general management expenses and profits, and the ratio of general management expenses and profits, but shall not exceed the ratio

(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 where there is no budget to adjust the contract amount.