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(영문) 서울중앙지방법원 2015.10.29 2014가합514542
공기연장비용 등 청구의 소
Text

1. The Defendant’s KRW 121,662,541 as well as the Plaintiff’s KRW 6% per annum from April 1, 2013 to October 29, 2015.

Reasons

1. Basic facts

A. 1) On December 14, 2009, the Plaintiff entered into a construction contract with the Defendant for the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the convenient mobility equipment of the subway 1-4 line (1) (hereinafter “instant construction work”).

(2) A contract under which the contract amount is fixed as the contract amount of KRW 2,538,213,800 on December 21, 2009, the date of commencement, and December 15, 2010 on the date of completion, and the date of completion, as the new operation of the subway No. 1 line (elevator No. 4), 4, U.S. three, U.S. three (in the case of an elevator No. 4), river basin (in the case of an escalator No. 4), and set-off (in the case of this case, hereinafter referred to as “instant contract”).

(2) The main contents of the criteria for tender and contract execution of local governments, which were part of the instant contract, (hereinafter “instant general criteria”) are as follows.

Ⅱ Conclusion of a contract for construction;

1. Contract documents;

(b) A contracting officer may conclude a contract with special conditions of a contract, if necessary for the proper implementation of the contract in addition to the Acts and subordinate statutes concerning the contract to which a local government is a party, construction-related Acts and subordinate statutes and general conditions

(c).

Where there is any provision that restricts the contractual interests of the other party to a contract under the Acts and subordinate statutes concerning contracts to which a local government is a party to the contract under the item, construction-related Acts and subordinate statutes, and this condition, such special conditions

V.Adjustment of Contract Price

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

(g) An ordering authority shall:

Where a contract amount is adjusted under items (f) through (f), the contract amount shall be adjusted 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 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.

(g) an item;

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