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(영문) 서울중앙지방법원 2019.05.22 2017가합514567
공사대금
Text

1. The Defendant’s KRW 3,482,44,00 among the Plaintiff and KRW 201,00,000 among the Plaintiff, shall be from March 14, 2017, and KRW 3,281,44.

Reasons

1. Basic facts

A. 1) The Plaintiff’s investment ratio is 90% and B Co., Ltd. (hereinafter “B”).

(C) 5% and C Co., Ltd. (hereinafter “C”)

2) 5% of the total supply and demand of the Plaintiff, the representative of which is the Plaintiff (if it is not required to be separated differently in the following subparagraphs, the Plaintiff, B, and C are collectively referred to as “Plaintiff”

(1) On October 27, 2004, the Defendant and D Road Construction Works (hereinafter “instant construction”) are organized.

As to the construction contract of the method of a long-term continuing contract (hereinafter “instant construction contract”) with a total amount of KRW 108,484,00,000, and the date of commencement as of November 1, 2004; and the total construction period of KRW 2,520,00.

(2) The contract amount shall be adjusted according to the following criteria if there is an increase or decrease in the volume of construction work, such as a change in the method of construction of a design or in the modification of input materials, etc. (i) the public official in charge of contracts shall adjust the contract amount in accordance with the following criteria:

Provided, That in cases of a construction which directly prepares a bill of quantity and submits a statement of quantity calculation pursuant to Article 15 (7) 1 (b) or 2 of the Enforcement Decree, the contract amount shall not be changed even if the contents of the contract are changed due to omission, error, etc. in some items of the bill of quantity.

1. The unit price for the increased or decreased volume of construction works shall be the agreed unit price;

However, if the contractual unit price is more than the budget unit price and the quantity is increased, the applicable unit price for the increased quantity shall be the budget unit price.

2. The unit price for an item or a item without a detailed statement of calculation (including cases where performance, standard, etc. are different even for the same item; hereinafter referred to as "new item") shall be determined by the agency awarding the modified plan when the drawings are determined at the time of design modification;

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