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(영문) 대구지방법원김천지원 2019.02.12 2018가단33691
정산금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,674,774 and the interest rate of KRW 15% per annum from August 2, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On November 5, 2007, the Plaintiff entered into the instant service contract (hereinafter “instant service contract”) with the Defendant on November 5, 2007, including the duties of patrol over highways, etc. under the jurisdiction of the Defendant branch office (hereinafter “instant service contract”).

2) The service contract of this case consists of general terms and conditions of service contract, special terms and conditions of service contract, and business contents (standard manuals). The general terms and conditions of the service contract of this case and the contents related to this case among the special terms and conditions are as follows.

Article 4(1) of the General Conditions for Services Contracts (Contract Documents) (1) The contract documents shall be composed of the contract, good faith, general conditions of the service contract, special conditions of the service contract, special terms and conditions of the service contract, business contents, advance payment terms, and calculation sheets, and shall have the capability of mutual supplementation.

However, in such cases, the calculation statement shall have the effect as a contract document as a standard to apply at the time of the adjustment of the contract amount and the payment of the price for the completed portion as provided in this condition.

Article 15 (Adjustment of Contract Amount Due to Price Fluctuations) (1) The adjustment of contract amount due to price fluctuation shall be governed by the provisions of Article 64 of the Enforcement Decree and Article 74 of the Enforcement Rule.

Article 16 (Change of Details of Business) (1) Where a contracting officer deems it necessary for the purpose of contract, he/she may instruct contracting parties to the following tasks:

(7) A request for the adjustment of the contract amount by the other party to the contract under paragraph (5) may be made to receive the adjustment amount by not later than the completion cost under Article 27 (in cases of a long-term long-term contract, the cost of completion

Article 17 (Adjustment of Contract Amount Due to Amendment to Terms and Conditions of Contract) (1) In cases where it is necessary to adjust contract amount due to the modification of other terms and conditions of contract for services except for cases under Articles 15 and 16, a contracting officer shall do not exceed the actual expenses according to the modification.

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