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(영문) 서울고등법원 2019.07.11 2017나2076211

용역비

Text

1. The judgment of the first instance, including the primary claim reduced and the ancillary claim added by this Court, is followed.

Reasons

1. The reasoning for this part of the reasoning is as follows, and the corresponding part of the reasoning of the judgment of the court of first instance (from No. 6 to No. 5) is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, except for the appeal as follows. Thus, this part is cited by the main sentence of Article 4

In addition to the part which is dismissed or added, the “C Games” in Part 8 of Part 2 of the judgment of the court of first instance shall be immediately added to the following (hereinafter “instant Games”).

Of the third part of the judgment of the first instance, the following parts shall be added to the "6. Special Conditions for Contracts" in Part 4, and the "commercial enterprise" in Part 8 shall be added to the "service enterprise".

From the 6th judgment of the first instance court of "(Change of Business) - If there is an inevitable reason for the operation of the Games or if it is deemed that there is a justifiable reason, the contents of the event may be changed with the approval of the project owner", the following subparagraphs shall be 9 and 10.

Of the relevant statutes and regulations applicable to the instant service contract, such as relevant statutes and the instant service contract attached thereto, and the general terms and conditions of the service contract included in the terms and conditions (Article 288 of the Rules of the Ministry of Strategy and Finance, Jan. 1, 2016) and the general service contract terms and conditions (Article 2494, Oct. 14, 2015), the details related to the instant case are as follows. The Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”).

Article 19 (Adjustment of Contract Amount according to Price Fluctuation, etc.) When it is necessary to adjust the contract amount due to price fluctuation, a design modification, or an amendment to the terms and conditions of the contract after concluding a contract for construction works, manufacturing, or services or any other contract that imposes a burden on the National Treasury, the head or contracting officer of a central government agency shall adjust the contract amount, as prescribed by Presidential Decree. Enforcement Decree of the Act on Contracts to Which the State is a Party

(ii) Article 2 ( used in this Decree for the purpose of this Decree.