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Reasons
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(영문) 의정부지방법원 2016.09.08 2013가합11383
공사간접비
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1. The Defendant: (a) KRW 1,140,521,313 to the Plaintiff; and (b) KRW 6% per annum from January 14, 2014 to September 8, 2016 to the Plaintiff.

Reasons

1. Presumed factual basis

A. 1) A Co., Ltd. (hereinafter “A”)

(C) On September 6, 2005, the Defendant and the “C-D Road Packing Works” (hereinafter the “instant construction”) concluded with the Defendant and the “C-D Road Packing Works,” and the said contract is deemed to be the “instant contract.”

(2) The construction amount under the instant contract was KRW 34,83,400,000 and the construction period was from September 8, 2005 to September 7, 2009.

3) A received a decision to commence rehabilitation procedures on March 21, 2008, and the Plaintiff was appointed as a custodian on March 18, 2009 (hereinafter “Plaintiffs” and “Plaintiffs,” both A and the Plaintiff, without distinguishing the period before and after rehabilitation.

4) The main contents, such as the general conditions, etc. of the construction contract for a local government (hereinafter “general conditions”) which is the contents of the instant contract are as indicated in the attached Form “relevant provisions.”

B. After concluding a modified contract and preparing the instant agreement, the Plaintiff and the Defendant concluded a contract to modify the instant contract as indicated in the following table:

(i) The contract amount has also been increased by five times due to any cause, such as design change, price fluctuation, etc., and the contract period has been extended by the second, third, and five times among those contracts, but the contract period has not been extended by the first, fourth, and fifth times; and the contract period has been extended by four times as of September 6, 2009 for the first time as of September 34, 2009 for the increased contract amount (cost) and the first time as of September 34, 2009 for the first time as of September 34, 200, 83,40,400,000 for the first time as of August 35, 2007, 2006, 30.6, 130,756, 130, 730,730,730,0000 tea contracts for the second time as of September 21, 2009;

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