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(영문) 서울고등법원 2011.08.17 2010나124191

공동원가분담금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

(c)in t. F. T. the projected budget established with the approval of the Construction Operation Committee, by ascertaining the current status of the construction section and by compiling it for review of each member;

(2) In principle, modifications to the implementation budget shall not be recognized except for matters that can be reflected in the concession agreement (Article 10 (1) of the concession agreement).

(3) Amendment to the implementation budget under the preceding paragraph shall be separate from the reserve funds of each construction section, and the increase in the construction cost due to reasons other than the details of this Article shall be appropriated from the reserve funds (5%), and the detailed execution standards and procedures therefor shall comply with the execution standards for the relevant member of each construction section.

(4) A change in the distance of transport of soil borrows by construction section (a change in development cost) shall undergo the verification procedure of a supervisor (approval) for a report on the actual conditions of change in the site, regardless of any change in the conditions of the construction site that entails an increase or a decrease in the project cost, and shall apply the initial unit price of each construction section* the changed contract (Supervision Confirmation)/original contract after verifying the technology subcommittee, and reflect it in the implementation budget after the joint source is allocated.

(5) Pursuant to Article 46 (1) and (3) of the concession agreement at the time of the occurrence of landfill wastes (excluding ground wastes) by construction section, but it is anticipated that flexible change of project costs is difficult, and the amount of inputs after the settlement of actual costs of the relevant construction section shall be reflected in the execution budget after the

(6) Matters essential for the promotion of processes other than those from one to five (5) (civil petitions related to a project, requirements of a local government, etc.) may, after examining the Construction Promotion Association, change the implementation budget after the joint members distribute the items approved by the Construction Operation Committee.

(7) Where an increase or decrease in quantity occurs due to a modification of design, the existing unit price shall apply, and in cases of a new unit price, it shall be determined through consultation with the technology subcommittee and shall be approved by the

Article 23 (Distribution of Profit and Loss) (1) Each company's contract amount shall be the construction section in charge of the execution of each company.