(영문) 인천지방법원 2021.02.17 2018가합57598

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(영문) 인천지방법원 2021.02.17 2018가합57598

공사대금 등

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1. The defendant's KRW 387,158,711 against the plaintiffs and 6% per annum from July 20, 2018 to February 17, 2021.

Reasons

1. Facts of recognition;

A. On November 2, 2012, the Plaintiffs concluded a contract for construction works with the Defendant and “C construction works” from November 12, 2012 to November 11, 2015, with a share of 51% in the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), and the share of 49% in the shares of Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”), and with respect to which the contract amount is 25,394,100,000, and the construction period from November 12, 2012 to November 11, 2015.

B. Of the general terms and conditions of a construction contract incorporated into the terms and conditions of the said construction contract (hereinafter “general terms”), the main contents of the instant case are as follows.

Section VII. Adjustment of the contract amount

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

(a) Where there occurs an increase or decrease in the volume of construction, such as a change in the method of executing a design modification, or a change in input materials, a contracting officer shall adjust the contract amount according to any of the following standards:

(g) In the event that the contract amount is adjusted according to whether “A” is “B” through “B”, the ordering authority must adjust the contract amount within 30 days from the date on which the other party to the contract is requested to adjust the contract amount;

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

(i) a claim for the adjustment of the contract amount by the other party to the contract under the former part of “g” may be paid the adjusted amount to be received prior to the receipt of the cost of completion under Section 9 “6” (the cost of completion by each number of vehicles in the case of a long-term construction work);

4. Adjustment of the contract amount due to any change in terms and conditions of the contract.

(a) In the case of a contract for a construction project, the contracting officer should adjust the contract amount due to changes in the terms and conditions of the contract, such as changes in construction period and distance of transportation, in addition to cases of “1” and “3”, the actual cost according to the changes.

유사 판례

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