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(영문) 대구지방법원상주지원 2020.08.13 2018가합5382
공사대금
Text

1. As to KRW 957,518,010 among the plaintiffs and KRW 201,00,000 among them, the defendant shall start on December 5, 2018 and end on 756,518.

Reasons

1. Facts of recognition;

A. 1) The Defendant, as a local government, is a local government, the “C” construction project around June 2013 (hereinafter “instant construction project”).

(2) The Plaintiffs were a construction company that has been engaged in an engineering work business, building work business, etc., and the Plaintiffs were 65% shares of Plaintiff A corporation and 35% shares of Plaintiff B, and participated in the said bidding by organizing a joint supply and demand organization that is designated as the representative contractor for Plaintiff A, and the Defendant was selected as the successful bidder.

3) On August 19, 2013, the Plaintiffs determined the total construction amount of KRW 14,127,850,00 and the total construction period of the instant construction works with respect to the Defendant and the instant construction works from August 26, 2013 to August 9, 2016 under a long-term contract for construction works (hereinafter “instant construction contract”).

(4) Of the general terms of the construction contract applicable to the instant construction contract (hereinafter “instant general terms”), the part related to the instant case is as follows.

Section VII. Adjustment of Contract Price

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

(h) Where the ordering agency adjusts the contract amount pursuant to “A” through “g”, it must adjust the contract amount within 30 days from the date of receipt of the other party’s request for the adjustment of the contract amount;

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 consideration may be paid after adjusting the volume, etc.

(i) When a contracting officer finds that the details of the other party to a contract pursuant to "I" are unreasonable, he/she shall take necessary measures, such as requesting necessary supplementation, without delay.

In such cases, the agency awarding an order shall supplement it from the date the other party to the contract is notified of measures, such as request for supplementation.

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