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(영문) 서울중앙지방법원 2017.09.27 2016가합519893
공사대금
Text

1. The Defendant’s KRW 2,571,128,184 as well as the Plaintiff’s annual rate of 6% from April 21, 2016 to September 27, 2017, and the following.

Reasons

1. Basic facts

A. 1) The Plaintiff and B Co., Ltd. (hereinafter “B”)

A) On June 13, 2008, a joint contractor is organized, and C&D projects undertaken by the Defendant in the form of long-term continuing construction projects (hereinafter “instant construction projects”).

The contract amount of KRW 800,00,000, total additional construction cost of KRW 65,321,417,313, and 150 days from the date of commencement of the construction period (from June 16, 2008 to November 12, 2008) and 1,260 days from the date of commencement of the total construction period of the entire construction (from June 16, 2008 to November 27, 201) and entered into the first construction contract and the overall contract for the instant construction contract. 2) Of the general conditions of the construction contract applicable to the instant construction contract, the parts relating to the instant case are as follows.

The definitions of terms used in accordance with Article 2 (Definitions) of the General Conditions of the Construction Contract shall be as follows:

8.Except as otherwise provided for in this condition, the accounting rules of government-invested institutions, the Enforcement Decree of the Act on Contracts to Which the State is a Party, the special provisions of the Enforcement Decree of the Act on Contracts to Which the State is a Party, the Enforcement Rule of the Act on Contracts to which the State is a Party, and the Defendant

Article 20 (Adjustment of Contract Amount Due to Modification of Design) (1) The president or a person delegated by him shall adjust the contract amount according to the following standards if there occurs an increase or decrease in the volume of construction, such as a change in the method of execution of design modification, or a change in input materials:

(4) The ratio of increase or decrease in the contract amount referred to in paragraphs (1) and (2) to indirect labor expenses, industrial accident insurance premiums and occupational health and safety management expenses, etc., and general management expenses and profits, such as the ratio of indirect labor expenses, such as the ratio of industrial accident insurance premium rate and occupational health and safety management expenses, and general management expenses and profit ratio, shall be based on the ratio of increase in the

(7) The authority awarding the contract shall be in accordance with paragraphs (1) through (6).

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