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(영문) 수원지방법원 2020.11.26 2018가합15218
공사대금
Text

1. The Defendant’s KRW 104,370,401 as well as 6% per annum from May 26, 2018 to November 26, 2020 as to the Plaintiff.

Reasons

1. Basic facts

A. On December 28, 2012, the Plaintiff entered into and revised a construction contract with the Defendant and “B” (hereinafter “instant construction”) with respect to the construction work in the form of a long-term continuing contract, the construction period is from January 4, 2013 to July 2, 2013; the construction cost is KRW 271,228,000; and the construction cost is KRW 271,228,000. The general conditions of the construction contract (hereinafter “instant general conditions”).

() On the other hand, “3,122,081,90 won” in the total construction period column of the contract, “3,122,081,90 won” in the total construction period column, “24, 2014,” and “720 days” in the total construction period column, respectively, were entered into the first multiple contracts concerning the instant construction. Around that time, the agreement on the total construction amount and the total completion date was entered into for the instant construction (hereinafter “instant overall contract”) and the agreement on the total construction amount and the total completion date was collectively entered into for the instant construction project. The instant overall contract and each of the following contracts are collectively referred to as “the instant construction contract,” and each of the multiple contracts is referred to as “the instant multiple contracts.”

. Adjustment of the contract amount due to the adjustment of the contract amount under Section VII of the general conditions of the construction contract;

(a) Where there occurs an increase or decrease in construction volume, such as a change in the method of construction in a design or a change in input materials, a contracting officer shall adjust the contract amount according to the standards falling under any of the following subparagraphs:

Provided, That in cases of a construction which directly prepares a bill of quantity and submits a bill of quantity calculation in accordance with Article 15 (7) 1 (b) or 2 of the Enforcement Decree, the contract price shall not be changed even if the contents of the contract are modified due to omission, error, etc. in some items of the bill of quantity.

1) The unit price for the increased volume of construction works shall be the contractual unit price, provided that if the contractual unit price is higher than the budget unit price and the volume is increased, the applicable unit price for the increased quantity shall be the budget unit price. 2) The performance, specification, etc. shall also be applied to the same item or item that is not stated in the calculation sheet.

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