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(영문) 서울중앙지방법원 2016.08.11 2014가합502389

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) On April 5, 2010, the Plaintiffs constituted a joint supply and demand organization and set up construction sections 9 for the installation of facilities for the convenience of subway 1-4 lines from the Defendant (stage 1) from the Defendant on April 5, 2010, for the installation of escalators in the salary basin, the building area, and the building site (hereinafter “instant construction”).

(1) The contract amount was set as the contract amount of KRW 1,779,372,00, April 12, 2010 on the date of commencement, and December 7, 2010 on the date of completion (hereinafter “instant contract”).

2) Since then, the Plaintiffs were awarded a separate contract, but failed to perform the said construction due to the reasons such as the prohibition of road excavation. On December 2010, the Plaintiffs and the Defendant agreed to substitute the Dododododododododododododododododododododododododododo basin construction with the installation of an escalator and add the said Dododo 3 to the instant construction work. 2) The conclusion of the construction contract related to the instant case among the general conditions of the local government construction contract, which is part of the instant contract

1. Contract documents;

(b) A contracting officer may conclude a contract with special conditions of a contract, if necessary for the proper implementation of the contract in addition to the Acts and subordinate statutes concerning the contract to which a local government is a party, construction-related Acts and subordinate statutes and general conditions

(c).

Where there is any provision that restricts the contractual interests of the other party to a contract under the Acts and subordinate statutes concerning contracts to which a local government is a party to the contract under the item, construction-related Acts and subordinate statutes, and this condition, such special conditions

V.Adjustment of Contract Price

1. Adjustment of contract amount due to a modification of design;

(g) An ordering authority shall:

Where a contract amount is adjusted under items (f) through (f), the contract amount shall be adjusted within 30 days from the date on which the other party to the contract is requested to adjust the contract amount.

In such cases, where it is inevitable, such as delay of budget allocation, etc.