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(영문) 서울중앙지방법원 2013.02.20 2011가합67335

손해배상

Text

1. The Defendant: (a) KRW 207,917,125 to the Plaintiff; and (b) KRW 6% per annum from December 21, 2010 to February 20, 2013 to the Plaintiff.

Reasons

1. Facts recognized;

A. A Co., Ltd. (hereinafter referred to as “A”) constituted TEL Construction Co., Ltd. (the name of April 1, 201 was changed to TEL Construction Co., Ltd.; hereinafter collectively the same shall apply) and joint contractors (hereinafter referred to as “joint contractors of this case”). The joint contractors of this case were awarded contracts by the Defendant, subject to the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”), with the construction cost of KRW 14,790,86,200, and from September 28, 2007, with the construction cost of KRW 14,790,86,200, and period of construction from September 28, 2007 to March 27, 2010.

(hereinafter referred to as the “instant contract”). (b)

(1) The contract of this case provides that ① the Defendant shall adjust the contract amount in the event of an increase or decrease in the volume of construction, such as a change in the method of construction, a change in input materials, etc., due to a change in the contract of construction (Article 26 of the General Conditions of the contract of construction). ② In addition, in the event that there is a need to adjust the contract amount due to a change in the contract of construction, such as a change in the contract period, etc., the contract amount shall

C. During the construction process of the instant construction project, the joint contractors and the Defendant agreed to modify the terms of the instant contract throughout 11 times as indicated in the following amendment agreement.

No change is made from September 28, 200 to July 15, 2008 to March 27, 2010 to October 27, 20108 that there is no change of 656, 386, 900 on October 16, 207, 208 that there is no change of 6.254, 281, 900 on February 16, 207, 207 that there is no change of 5,247, 662, 100 on September 16, 207, 2009 to 16.208, 207. No change of 390,90 on July 28, 2009; no change of 390,6.15, 2004; no change of 90,900 on September 15, 2009 to 194;