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(영문) 수원지방법원 2018.08.24 2017가합16160
간접비
Text

1. The defendant,

A. From May 30, 2017, the Plaintiff Company A for KRW 360,813,755 and for KRW 201,00,000 among them.

Reasons

Basic Facts

The relevant plaintiffs of the parties are the contractors of the instant construction works, which were contracted by the Defendant to form a joint contractors for D&D (hereinafter referred to as the “instant construction works”) undertaken in the Jeonnam-gun and five villages, Jeonnam-gun, and the Defendant is the contractors of the instant construction works. (The Plaintiffs are joint contractors of the Plaintiff Company A with 51% shares, and Plaintiff B had 49% shares).

On January 21, 2009, the Plaintiffs entered into a contract for construction works and a modified contract for construction works of this case with the Defendant for the total construction cost of KRW 11,395,461,240, and the total construction period of the instant construction works from January 23, 2009 to September 22, 201 (973 days from the commencement date of construction) (hereinafter referred to as “general contract”) and entered into a single contract by dividing the aforementioned construction contracts by the number of vehicles (hereinafter referred to as “general contract”). The contract amount adjustment under Section 7 below is below the general terms and conditions of the construction contract.

1. Adjustment of contract amount due to a modification of design;

(d) The ratio of increase or decrease in the contract amount under “A” and “B, including indirect labor expenses, industrial accident insurance premiums, and occupational health and safety management expenses, and general management expenses and profits, to the increase or decrease in the contract amount under “A” and “B, shall be the ratio of increase in the indirect labor ratio, such as the ratio of industrial accident insurance premium and occupational health and safety management expenses, and the ratio of general management

(g) In the event that the contract amount is adjusted in accordance with the terms from “A” to “f,” the ordering person must adjust the contract amount within 30 days from the date of receipt of the other party’s request for contract amount adjustment

In such cases, where it is inevitable, such as delay in allocating a budget, the period of adjustment may be extended after consultation with the other party to the contract, and when there is no budget to adjust the contract amount, the consideration may be paid after adjusting the volume, etc.

(h)the contracting officer shall specify the request of the other party to the contract for the adjustment of the contract amount.

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