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Reasons
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(영문) 대전지방법원 2018.06.28 2016가합103945
공사대금
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1. The defendant, the defendant, 87,434,395 won, the plaintiff's same construction corporation and the plaintiff's same construction corporation.

Reasons

1. Facts of recognition;

A. On June 22, 2012, the Plaintiff Co., Ltd. (hereinafter “Plaintiffs”) signed a joint supply and demand agreement with the representative of the Plaintiff Daj General Construction Co., Ltd. (hereinafter “Co., Ltd.”) and the Plaintiff Esa Construction Co., Ltd. (hereinafter “Co., Ltd.”). On June 22, 2012, the Defendant and the Defendant entered into a joint supply and demand agreement with “A” (hereinafter “instant construction”) for the total contract amount of KRW 12,612,623,40, the total construction period from June 27, 2012 to December 13, 2014, the total construction amount of the contract amount of KRW 3,600,000,000,000, and the total construction amount of the contract amount of KRW 3,600,000,000,000 and the total construction period of KRW 361,627,2012).

AB concluded the agreement.

B. The part related to the instant construction project among the general terms and conditions of the instant contract for construction works under the terms and conditions of the instant contract for construction works are as follows.

Section VII. Adjustment of Contract Price

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

(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:

(g) In the event that the contract amount is adjusted in accordance with the terms from “A” to “f,” the ordering person must adjust the contract amount within 30 days from the date of receipt of the other party’s request for contract amount adjustment

(i) The claim for the adjustment of the contract price by the other party to the contract under the former part of “private” is for a long-term continuing construction project under Section 9 “6.”

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