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(영문) 서울중앙지방법원 2016.07.13 2014가합524808
공사대금
Text

1. The primary defendant is the plaintiff.

(a) As regards KRW 443,637,567 and its KRW 407,915,00 among them, from April 29, 2014; and 35.

Reasons

1. Basic facts

A. 1) The primary Defendant, on May 6, 2009, entered into a contract and revised the contract, etc. (hereinafter “instant construction”).

(2) On May 6, 2009, the Plaintiff entered into a single unit contract with the primary Defendant for construction work (including value-added tax; hereinafter the same shall apply) with the total construction period fixed from May 7, 2009 to May 6, 2012 and entered into a single unit contract for construction work (hereinafter “general contract”) with the total construction period from May 7, 2009 to May 6, 2012.

3) From December 22, 2009, the Plaintiff entered into each of the instant construction contracts and amendments to each of the instant construction contracts with the preliminary Defendant, as described in attached Table 1, as to the instant construction contract. 4) On May 10, 2012, after C withdraws from a joint supply and demand company on December 10, 2012, the Plaintiff succeeded to all of the rights and obligations of the said company.

B. Provisions on the adjustment of the contract amount due to price fluctuation and the Plaintiff’s application for adjustment 1) According to the instant contract for construction works, the general conditions for the construction contract concerning the adjustment of the contract amount due to price fluctuation (hereinafter “general conditions”).

Act on Contracts to Which a Local Government Is a Party (hereinafter referred to as “Local Government Contract Act”).

(2) The Enforcement Rule of the Enforcement Decree applies. (2) The Plaintiff applied for the adjustment of the contract amount of the instant construction contract to the preliminary Defendant on or around March 9, 2011, around December 22, 2011, around November 9, 2012, and around June 12, 2013, but the preliminary Defendant rejected the application.

3. The adjusted amount of price fluctuation calculated by applying the product adjustment rate or index adjustment rate under the general conditions and the relevant provisions of the Enforcement Decree of the Local Government Contract Act with respect to the contract amount of the instant construction contract, shall be 407,915.

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