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(영문) 서울중앙지방법원 2016.08.17 2014가합569672
공사대금
Text

1. As to the Plaintiff KRW 3,560,758,567 and its KRW 1,00,000,000 among them, the Defendant shall pay to the Plaintiff KRW 2,560,560,758.

Reasons

1. Basic facts

A. On September 30, 2010, the Defendant entered into a contract, amended, etc., and 1) The B Facility Corporation (hereinafter “instant construction”)

(2) On December 14, 2010, the Plaintiff and the Defendant awarded the instant construction contract and entered into a single contract with the Defendant for the total contract amounting to KRW 69,94,00,00 (including value-added tax; hereinafter the same shall apply) and the total contract period for construction works from December 14, 2010 to August 13, 2013 (hereinafter “total contract”) with the total contract period fixed from December 14, 2010, and entered into a single contract for construction works (hereinafter “total contract”) with the same day from December 14, 2010 to December 13, 2011.

3) From April 3, 2013, the Plaintiff entered into each of the following contracts with the Defendant as to the instant construction project, as indicated in the attached Table 1 of the change of the construction contract. B. The provision on the adjustment of the contract amount following the extension of the construction period and the Plaintiff’s application for adjustment 1) the extension of the construction period applicable to the instant construction contract and the details of the general conditions pertaining to the adjustment of the contract amount therefrom are as follows.

(4) The ratio of indirect labor expenses, industrial accident insurance premium and occupational health and safety management expenses, etc. to increase or decrease in the contract amount referred to in paragraphs (1) and (2), and the general management expenses and profits shall be based on the ratio of indirectly labor expenses, such as the ratio of industrial accident insurance premium rate and occupational health and safety management expenses, and the ratio of general management and health management expenses, and general management expenses and profit ratio on the calculation sheet, but it shall not exceed the ratio

(7) Where an order-placing agency adjusts a contract amount under paragraphs (1) through (6), it shall adjust the contract amount within 30 days from the date of receiving a request from the other party to the contract for the adjustment.

In such cases, where it is inevitable, such as delay in allocating a budget, the period of adjustment may be extended after consultation with the other party to the contract, and when there is no budget to adjust the contract amount, the volume of construction, etc

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