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(영문) 부산지방법원 2020.08.19 2014가합16237
공사대금
Text

1. The Defendant’s KRW 70,430,530 as well as 6% per annum from December 28, 2013 to August 19, 2020 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a company running civil engineering work and housing construction business, and the defendant is a public corporation established to run a project for railroad operation pursuant to the Korea Railroad Corporation Act.

B. On November 16, 2009, the Defendant publicly announced a bid for “B underground crossing sewage BOX installation works” (hereinafter “instant construction works”). On November 30, 2009, the Plaintiff was awarded a bid by setting the total construction amount of KRW 2,034,964,00, and the total construction period of KRW 300,00 from the commencement date of the instant construction works.

C. Of the general conditions of the construction contract applicable to the instant construction project (hereinafter “instant general conditions”), the parts related to the instant case are as follows.

(1) In cases of a contract for a construction project, in addition to cases under Articles 20 and 22, where it is necessary to adjust the contract amount due to changes in the terms of the contract, such as a change in the period of construction, distance of transportation, etc., the contracting officer shall adjust the contract amount within the extent not exceeding the actual expenses according to the changed details, in addition to cases under Articles 20 and 22.

(3) When a contracting officer deems that construction has been delayed because it falls under any of the following subparagraphs, he/she shall not include the relevant number of days in the number of days under paragraph (1):

3. Where the commencement of construction has been delayed or the construction has been suspended due to the responsibility of the authority awarding the contract, Article 26 (1) (1) Where the causes falling under any subparagraph of Article 25 (3) have occurred within the contract period, the other party to the contract shall, without delay, apply for an extension of the contract period and an application for adjustment of the contract amount under paragraph (4) to the contracting officer and the construction supervisor in writing, along with the revised fairness table under Article 17 (

(2) A contracting officer shall do so under paragraph (1).

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