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(영문) 대전고등법원 2015.02.04 2013나11261
간접비 등
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 24, 2003, the Plaintiffs concluded a contract for construction work (hereinafter “instant contract”) with the Defendant on December 24, 2003 with regard to the construction work “the construction work for the construction work for the construction work for the improvement of the new wind-mar railroads (hereinafter “the instant construction work”).

However, the instant contract entered into an annual contract within the scope of the budget compiled in each year with an additional statement of the total construction amount determined by the successful bid for a long-term continuing construction project, etc., as shown in the attached Table 1 stating the details of the instant contract and the details of the payment of the construction cost within the scope of the budget (hereinafter “attached Table 1”) in accordance with the method of performing the construction work within the scope of the budget.

(2) However, the Plaintiffs and the Defendant agreed to make an annual installment payment as part of the terms and conditions of the Defendant’s construction contract, construction contract, special conditions of the construction contract, etc. as part of the contract at the time of concluding the instant contract, without obtaining a resolution of the National Assembly on the total cost of the project that the government has disbursed throughout several years.

(3) Although the initial completion date of the instant construction was December 29, 2007, as stated in the attached Table 1, the construction period was extended by the agreement and the modification agreement for each of the following seven occasions thereafter, and the instant construction was completed on December 31, 201.

On the other hand, the details of the payment of the completion cost of each of the instant contracts are as shown in attached Table 1.

(4) However, on January 4, 2012, after completion of the instant construction, the Plaintiffs sent to the Defendant the “request for the adjustment of the contract amount due to the extension of the construction period” by content-certified mail along with the report of the contract price adjustment service, and completed the construction in excess of the original scheduled completion date.

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