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(영문) 수원지방법원 2018.05.23 2016가합74534
공사대금
Text

1. The lawsuit shall be dismissed by the plaintiff Geum-gu Enterprise Co., Ltd. and Taeduk Construction Co., Ltd.

2. The defendant shall consider and develop the plaintiff.

Reasons

Basic Facts

The Plaintiffs and Dong Construction Industry Co., Ltd. (hereinafter referred to as the “Dong Construction Industry”) organized a joint supply and demand company (hereinafter referred to as the “joint supply and demand company in this case”) with the Defendant, through the Public Procurement Service on December 30, 2010, with respect to the total cost of construction 38,538,280,000,000 won, and with respect to the total cost of construction hereinafter referred to as “the construction project in this case”) with the Defendant, the total cost of construction 38,538,280,000 won, and the total construction period of construction 14, 2011 through November 14, 2011.

Article 20 (Adjustment of Contract Price due to Modification of Design) (1) Where there occurs an increase or decrease in construction volume, such as a change in the method of construction of a design, or a change in input materials, etc., the contract officer shall adjust the contract amount according to the following standards (7) where the contract amount is adjusted under paragraphs (1) through (6), the contract amount shall be adjusted within 30 days from the date on which the other party to the contract requested the adjustment of the contract amount:

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.

(9) Requests for the adjustment of contract amount by the counter-party to a contract under the former part of paragraph (7) shall be made under Article 40.

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