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(영문) 서울중앙지방법원 2016.04.07 2015가합512024

공사대금

Text

1. As to KRW 819,618,854 among the Plaintiff and KRW 101,00,000 among the Plaintiff, the Defendant shall be annually from March 4, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff constituted a joint supply and demand organization based on the joint performance method, representing the Plaintiff and the Coul Global Incorporated Company, and concluded a contract for construction works with the Public Procurement Service (which is an affiliated organization of the Defendant, the Ministry of Land, Infrastructure and Transport (which includes the Ministry of Land, Infrastructure and Transport’s regional construction management office) from South to the Namwon (which includes the Silsan-si) (hereinafter “instant construction contract”).

B. The instant construction contract was a long-term long-term continuing contract, which was originally concluded from December 26, 2005 to December 27, 2013 (2,880) and was concluded each year from 2006, and was converted into a continuing expenditure contract from 2008.

C. As to the instant construction contract, several contracts and modified contracts were concluded on several occasions, and the contents of the contract were modified. The construction period was extended on December 19, 2013, by December 26, 2014.

The contents related to this case among the general conditions of the construction contract incorporated into the instant construction contract are as follows.

Article 23 (Adjustment of Contract Price Following Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract price due to an amendment to the terms and conditions of contract, such as an amendment to transportation distance for a construction period, in addition to cases under Articles 20 and 22, the public official in charge of contracts shall adjust the contract within the extent not exceeding the actual

(4) In cases under paragraph (1), if the contract price is increased, mediation shall be made upon request of the other party to the contract.

(3) If a public official in charge of contracts deems that construction works have been delayed because it falls under any of the following subparagraphs, the relevant number of days shall not be included in the number of days under paragraph (1):

3. Where the commencement of construction has been delayed or construction has been suspended due to an ordering agency;

7. Where any other cause not belonging to the other party to a contract delays, Article 26 (Extension of Period of Contract) (1)