(영문) 서울중앙지방법원 2019.05.30 2017가합518323

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(영문) 서울중앙지방법원 2019.05.30 2017가합518323

공사간접비청구

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1. The defendant shall be the plaintiff A, the 166,434,139 won, and the litigant B, the litigant B.

Reasons

1. Basic facts

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) and B Co., Ltd. (hereinafter “Plaintiff”) on November 7, 2018, which had been pending in the instant lawsuit, decided to commence rehabilitation proceedings with the Changwon District Court 2018 Gohap1046. On the same day, C and D appointed as a statutory co-manager, and applied for the resumption of the instant litigation proceedings on January 9, 2019 (hereinafter “Plaintiff B”) on July 4, 2013, without distinguishing between the commencement of rehabilitation proceedings and the commencement of litigation proceedings, and before and after the completion of the lawsuit, the instant construction contract was concluded with the Defendant with respect to the foregoing facility construction (hereinafter “instant construction”) by setting the contract amount of KRW 12,117,627,00, total construction period, KRW 28,674,950, KRW 780, KRW 780, and the general construction contract was established on July 14, 2013 (hereinafter “instant construction contract”).

Article 23 (Adjustment of Contract Amount Following Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract amount due to an amendment to the terms and conditions of contract, such as an amendment to the construction period, transportation distance, etc., in addition to cases under Articles 20 and 22, the public official in charge of contracts shall adjust the contract amount within the extent

(2) Any amendment to the terms and conditions of contract pursuant to paragraph (1) shall be completed before commencing the implementation of the amended provisions.

Provided, That where it is necessary to urgently perform a contract due to a delay in performing the contract, such as where it is likely to undermine the quality of the contract, the public official in charge of contracts may clearly determine the timing, etc. of amendment to the terms and conditions of the contract after consultation with the other party

(3)

유사 판례

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-서울중앙지방법원 2016.06.30 2014가합537682

-서울중앙지방법원 2021.03.24 2018가합543906