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(영문) 서울중앙지방법원 2015.12.09 2014가합541438
공사대금청구의 소
Text

1. As to KRW 6,136,853,750 among the Plaintiff and KRW 2,00,000,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 4,136,750 from June 21, 2014, and KRW 4,136,853.

Reasons

1. Basic facts

A. On February 27, 2006, the Plaintiff concluded a construction contract with the Public Procurement Service (Demand Agency: the Ministry of Land, Infrastructure and Transport Busan Regional Land Management Office), which is an affiliated organization of the Defendant, for the construction work of the National Highway-Yan-Yan National Highway (hereinafter “instant construction contract”).

B. The instant construction contract was a long-term long-term continuing contract, which was originally concluded from March 6, 2006 to February 8, 201 (1,800) and was concluded each year from 2006, and was converted into continuing expenditure contracts from March 6, 2006 to February 8, 201.

C. As to the instant construction contract, several contracts and modified contracts were concluded, and the contents of the contract were modified. The construction period was finally extended by December 30, 2014.

A modified contract for air extension, of the instant construction agreement, was the fifth modified contract for the extension of construction period from February 8, 201 to December 31, 2013, and the eighth modified contract for the extension of construction period from December 17, 2013 to December 31, 201, and the eighth modified contract for the extension of construction period from December 31, 201 to December 30, 201.

(hereinafter referred to as the “instant change contract”) Nos. 5 and 8 are e.

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

(1) Where it is necessary to adjust the contract amount due to an amendment to the terms and conditions of the contract for a construction project, such as an amendment to the transportation distance of the construction project, in addition to cases prescribed in Articles 20 and 22, the public official in charge of contracts shall adjust the contract amount to the extent that it does not exceed the actual expenses according to the amended terms and conditions.

(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. Commencement of construction works on the responsibility of the ordering agency;

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