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(영문) 창원지방법원진주지원 2019.11.26 2019가단35588
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

In light of the above legal principles, it is so decided as per Disposition.

The main contents of the above contract are as follows:

· Date of commencement: The date of completion on April 9, 2018: The rate of liquidated damages for delay on February 2, 2019: 0.05% and the Contract Act: The standard for applying price fluctuation and the State Contracts Act: The index adjustment rate:

1. The other party to the contract (the plaintiff) confirms at the time of bidding that the general conditions, special conditions, etc. of the construction contract are part of this contract, and shall perform contractual obligations in good faith.

2. A special engineer: The head of an end-user institution shall be deemed the public official in charge of contracts and the responsibility for the payment of construction price shall be borne by the end-user institution, except as otherwise provided for in the provisions of other Acts with respect to matters related to contracts at the construction site, such as the deliberation of design documents, construction commencement, supervision, subcontract management

3. In the case of the above 2-mentioned litigation, such as the payment of the construction cost, an ordering agency (demanding Agency) other than the Public Procurement Service shall become a party to the

*All payments (cost) in connection with the performance of the contract, such as the cost of construction, shall be paid directly by the procuring entity to the other party, and the Government of the Republic of Korea (the Government of Procurement) shall not be liable to pay to the other party to the contract, and the other party to the contract shall not institute any lawsuit seeking payment of the above amount

B. (1) On February 12, 2019, the Plaintiff entered into the first modified contract with the Defendant to the effect that “The date of completion of the instant contract was changed to March 31, 2019 and the remaining terms and conditions of the contract are maintained” due to the delay due to the delay in acquiring the site and by friendly.

(2) In order to properly implement the instant construction work on March 29, 2019 due to the actual circumstances due to the addition of PIT to Defendant and “PIT”, the Plaintiff added the construction cost of the instant case to KRW 13,947,00,000, as the previous amount of KRW 7,838,285,00,00, as well as KRW 7,852,232,00.

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