logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.06.08 2016가합543544
공사대금
Text

1. The Defendant’s KRW 1,956,970,953 among the Plaintiff and KRW 201,00,000 among the Plaintiff, shall be KRW 1,75,970,953 from August 6, 2016.

Reasons

1. Basic facts

A. Around December 2005, the Public Procurement Service, a Defendant-affiliated institution, announced a public announcement of the construction work in relation to the construction work in the instant case (including Gemanman-Maake-ro) Road Expansion Corporation (hereinafter “the instant construction work”). The Plaintiff participated in the said tender and was selected as a successful bidder.

B. On December 29, 2005, the Plaintiff entered into a contract for construction work in the way of a long-term continuing contract (hereinafter “instant contract”) with the Public Procurement Service (Demand Agency: the Ministry of Construction and Transportation) as the total amount of KRW 88,870,232,00 with respect to the instant construction work, and the total construction period from December 30, 2005 to December 29, 2013 (2,920 days) (hereinafter “the instant contract”).

The contents related to this case among the general conditions of the construction contract incorporated into the contract of this case are as follows.

Article 23 (Adjustment of Contract Price Following Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract price due to an amendment to the terms and conditions of contract, such as an amendment to transportation distance for a construction period, in addition to cases under Articles 20 and 22, the public official in charge of contracts shall adjust the contract within the extent not exceeding the actual

(4) In cases under paragraph (1), if the contract price is increased, mediation shall be made upon request of the other party to the contract.

Article 25 (Compensation for Delay) (1) When the contractor fails to complete the construction within the deadline for completion (referring to the deadline for submitting a report on completion under the contract; hereinafter the same shall apply) stipulated in the contract, he/she shall pay in cash the amount calculated by multiplying the contract amount by the rate of compensation for delay stipulated in the contract for delay for each number of days

(3) If a public official in charge of contracts deems that construction works fall under any of the following subparagraphs and such construction works are delayed, the number of days corresponding thereto shall not be included in the number of days under paragraph

3. Where the commencement of construction has been delayed or construction has been suspended due to the authority awarding the contract;

arrow