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(영문) 서울중앙지방법원 2016.07.08 2014가합542301
공사대금
Text

1. The Defendant’s KRW 359,506,00 for the Plaintiff and the following: 6% per annum from February 11, 2013 to July 8, 2016.

Reasons

1. Basic facts

A. 1) The Defendant Urban Infrastructure Headquarters entered into the instant contract for construction works for underground news reports connecting subway 4 stations with the National Museum of Korea (hereinafter “instant construction works”).

2) On December 14, 2009, the Plaintiff (hereinafter “Plaintiff”) concluded a contract with Yang & Yang Construction Co., Ltd. (hereinafter “Woo Construction”) on December 21, 201 with respect to the instant construction project by organizing a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) with a ratio of 49% and 51%. On December 14, 2009, between the Defendant and the Defendant, the instant construction project was awarded a contract (hereinafter “instant contract”).

B. Of the terms and conditions of the instant contract for construction works, the part related to this case among the terms and conditions of the instant contract for construction works, which serve as the content of the instant contract is as follows.

General conditions of construction contracts by local governments

VII. Adjustment of contract amount

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

(a) Where the volume of construction increases or decreases, such as a change of construction method due to a modification of design, or change of input materials, a contracting officer shall adjust the contract amount according to any of the following standards:

-beaute-

(d) An increase in the contract amount referred to in items (a) and (b), such as indirect labor expenses, industrial accident insurance premiums and occupational health and safety management expenses, and general management expenses and profits, shall be based on the increase ratio, such as the indirect labor cost ratio, the industrial accident insurance premium rate and the occupational health and safety management expenses ratio, and the general management expenses and profit ratio on the calculation sheet, but such ratio shall not exceed the ratio

(g) Where the ordering agency adjusts the contract amount under the provisions of items (a) through (f), it shall be contractual.

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