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(영문) 서울중앙지방법원 2019.05.22 2017가합544698
공사대금
Text

1. The defendant's KRW 38,857,00 for each of the plaintiffs and 5% per annum from July 13, 2017 to May 22, 2019, respectively.

Reasons

1. Basic facts

A. 1) The Public Procurement Service’s conclusion of a long-term continuing contract, etc. refers to the instant construction project, around September 2008, the C National Highway Improvement Works (hereinafter “the instant construction”).

(2) On December 10, 2008, the Plaintiffs and D Co., Ltd. were selected as the successful bidder of the instant construction and entered into a contract with the Public Procurement Service and a long-term contract with the Defendant for a total of KRW 28,498,312,00 and the total construction period from December 16, 2008 to November 20, 2013 with the total of KRW 1,800 with regard to the first construction among the instant construction, and entered into a contract with the Defendant for a total of KRW 10,00,000 and construction period from December 16, 2008 to March 16, 2009.

(3) The terms and conditions of the instant contract under the general terms and conditions of the construction contract [the Rules of the Ministry of Finance and Economy (No. 04-104-17 October 12, 2007)] (the general terms and conditions of the instant contract, hereinafter referred to as the “instant general terms and conditions”).

[2] Of this case, the ratio of increase and decrease in the contract amount under the provisions of paragraphs (1) and (2) of Article 20, including indirect labor expenses, industrial accident insurance premium and occupational health and safety management expenses, etc., and the ratio of increase and decrease in the contract amount under the provisions of paragraphs (1) and (2) of Article 20, general management expenses and profits, shall be based on the ratio of increase in indirect labor expenses, such as the ratio of the industrial accident insurance premium and occupational health and safety management expenses

(7) Where an order-placing agency adjusts a contract amount under paragraphs (1) through (6), it shall adjust the contract amount within 30 days from the date of receiving a request from the other party to the contract for the adjustment.

In such cases, the deadline for adjustment may be extended in consultation with the other party to the contract, if it is inevitable, such as delay of budget allocation.

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