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(영문) 서울중앙지방법원 2014.07.16 2012가합86845

공사대금

Text

1. The Defendant’s KRW 91,292,608 as well as the Plaintiff’s annual rate from November 7, 2012 to July 16, 2014.

Reasons

1. Basic facts

A. On February 17, 2009, the Plaintiff entered into the instant contract and the instant first and second contracts between the Defendant and the Plaintiff entered into a contract with the Defendant for the construction work for the road construction work between the Guro-west circulation (hereinafter “instant construction work”). The construction cost was KRW 6,041,53,700, and the construction period was from February 27, 2009 to February 26, 201.

The instant construction project is a long-term continuing construction project in which the total construction cost is additionally stated and the construction work is implemented within the scope of the budget of the pertinent year, and the Plaintiff entered into a two-dimensional construction contract between the Defendant and the Defendant for the construction cost of KRW 2,300,000,000, and between February 27, 2009 and January 31, 2010. On January 14, 2010, the Plaintiff entered into a two-dimensional construction contract between the Defendant and the Defendant for the construction cost of KRW 3,741,53,700, and the construction period of KRW 3,741,53,700, from January 14, 2010 to February 26, 2011.

(B) The Plaintiff and the Defendant concluded the entire contract and the first and second and second and several contracts respectively, respectively. (hereinafter “instant contract” and “the second and second contracts”).

Of the general terms and conditions of the instant general terms and conditions of the local government construction contract (amended by the Ministry of Public Administration and Security No. 179, Jul. 7, 2008; hereinafter “instant general terms and conditions”), which are the main contents of the instant contract, the parts related to the instant case are as follows.

I. IN GENERAL

2. The definitions of terms;

(j) Except as otherwise provided for in this condition, the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party, the Enforcement Rule, the Special Cases of the Enforcement Decree of the Act on Contracts to Which the State Is a Party, which is applicable mutatis mutandis under Article 5 of the Enforcement Decree, and the Ordinance of the Ministry of Public Administration and Security and the Ordinance of the Ministry of Public Administration and Security, shall be

V.Adjustment of Contract Price

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

(d)The provisions of items (a) and (b).