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(영문) 부산지방법원 동부지원 2018.11.14 2016가합101173
간접공사비지급청구의 소
Text

1. As to each of the Plaintiffs’ KRW 103,621,710 and each of the said money, the Defendant shall pay to the Plaintiffs the year from November 13, 2015 to November 14, 2018.

Reasons

1. Facts of recognition;

A. On December 18, 2009, the construction of the plaintiffs and filial piety Co., Ltd. constitutes a joint supply and demand organization, and “construction works for the construction of the 59-Wol-dong, Yangyang-si, Yangyang-si 59-Wol drainage area” (hereinafter “the instant construction works”) between the defendant and the defendant.

2) The contract for construction works (hereinafter referred to as “instant contract”).

(2) On July 31, 2012, a joint supply and demand company for the instant construction was changed to the Plaintiffs (50%, respectively. 2) The contract of this case was entered into on seven occasions, such as the attached Table of the Terms and Conditions of the Contract for the Use of Goods (hereinafter “the attached Table”).

3) Upon entering into the instant contract, the Plaintiffs and the Defendant agreed to make the Defendant’s terms and conditions of the instant construction contract as part of the terms and conditions of the contract. 4) The date of the initial completion of the instant construction project was April 10, 2012, but thereafter, the construction period, etc. was extended as indicated in the instant table through the number of vehicles contracts and the instant modified contracts for up to seven occasions, and the instant construction project was completed on August 11, 2015.

5) On October 13, 2015, the date of completion of the instant construction project, the Plaintiffs sent written request to the Defendant for the adjustment of the contract amount due to the extension of the construction period, and requested for the adjustment of the contract amount with respect to indirect costs spent during the seven primary construction period (from April 11, 2012 to August 11, 2015) during the seven primary construction period (from April 11, 2012 to August 11, 2015) (hereinafter referred to as “request for adjustment of the contract amount”).

(6) As to the facts that the Plaintiffs received the full completion payment from the Defendant for each of the instant construction works, there was no dispute between the parties, and the instant contract amount was applied for prior to receiving the full completion payment of the 7th number of construction works.

B. General conditions of the instant contract for construction work.

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