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(영문) 서울고등법원 2016.07.08 2015나2070547
공사대금
Text

1. Of the judgments of the first instance court, money which orders the payment of the following additional payments to Defendant Republic of Korea is constituted:

Reasons

1. The reasoning for the court’s explanation concerning this part of the basic facts is the same as the relevant part of the judgment of the court of first instance, except for the following reasons. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 4

Part 7 2 and 3 are as follows:

On January 17, 2013, the Plaintiff filed an application for the adjustment of the contract amount of additional indirect costs of KRW 1,075,607,00 on the ground that the completion date of the total construction period of the instant construction work was extended from June 23, 2012 to December 23, 2013, but Defendant Hongcheon-gun cannot be deemed to have extended the construction period due to lack of budget due to the difference in the amount of construction work. ② The Defendants were not eligible for the adjustment of the contract amount on the ground that “The total construction period of the instant construction work was extended from June 23, 2012 to December 23, 2013, Defendant Hongcheon-gun did not submit an application for the adjustment of the contract amount of KRW 1,075,607,00 to the Defendants on the ground that the total construction period was extended from November 4, 2013, but did not comply with the Defendants’ request for the adjustment of the contract amount of KRW 1,2013.

2. The parties' assertion

A. Under each of the instant agreements, the total construction period of the instant construction works was modified from December 23, 2012 to January 23, 2014, pursuant to the overall 4 and six-time amendment agreements, among the Plaintiffs’ assertions, from among the instant contracts, and the extension of the total construction period was due to the circumstances of the Defendants.

The total cost and the total construction period in a long-term continuing contract are important factors, and are the main contents of the contract in this case, so the total construction period is extended.

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