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(영문) 서울중앙지방법원 2020.05.20 2017가합587565
공사대금
Text

1. The Defendant’s KRW 62,865,479 for the Plaintiff and 6% per annum from December 27, 2017 to April 29, 2020.

Reasons

1. Facts of recognition;

A. Conclusion and content of construction contract 1) The Defendant’s construction work, a long-term continuing business, with an end-user institution as the Busan Regional Land Management Office (hereinafter “instant construction work”).

2) The Plaintiff and C Co., Ltd. (hereinafter referred to as “C”) participated in the instant construction project tender by organizing a joint supply and demand organization (hereinafter referred to as “joint supply and demand organization”) representing C as a joint supply and demand entity (hereinafter referred to as “joint supply and demand organization”) and was selected as a successful bidder.

3) On March 27, 2008, the instant joint supply and demand company entered into a contract for a long-term contract with the Defendant and the instant construction work with the cost of construction from March 28, 2008 to May 27, 2008; the cost of construction by the number of vehicles is KRW 5,00,000; the total construction period of construction works is KRW 1,800 (from March 28, 2008 to March 2, 2013) and the total construction amount is KRW 44,957,02,725 (hereinafter “instant construction contract”).

) The instant construction contract was concluded (hereinafter “general contract”) and the instant contract was classified into “general contract” and “number of borrowed-water contracts”.

4) Of the general conditions of the instant construction contract incorporated into the substance of the instant construction contract, the part relating to the instant case is as follows.

Article 20 (Adjustment of Contract Amount Due to Modification of Design) (2) Where an ordering agency requests a change of design (including cases due to a cause not attributable to the contractor), the increased quantity or the unit price of a new item shall be determined by faithfully consultation by presenting evidentiary materials for each unit price standard, etc., within the scope of the amount calculated by multiplying the unit price determined as at the time of the change of design by the successful tender rate, and the unit price of a new item, which is determined by the ordering

(7) Where an order-placing agency adjusts a contract price pursuant to paragraphs (1) through (6), it shall be within 30 days from the date on which the other party to the contract receives a request for adjustment of the weak amount.

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