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(영문) 서울중앙지방법원 2017.07.14 2015가합560085
간접비 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 1 to 5 (including each number; hereinafter the same shall apply) and Eul evidence 3, either in combination with the whole purport of the pleadings:

On December 30, 201, the Plaintiff: (a) determined that the contract amount of F Work (stage 2) construction work from the Defendant (referring to C before D Work was merged with the Plaintiff and E Work and established as D Work; hereinafter the same shall apply) during the period from December 30, 201 to August 20, 2013 (hereinafter “instant construction work”); (b) the contract amount of construction work for the two sections from December 30, 201 to December 30, 201; (c) the contract amount of construction work for the two sections; and (d) the construction work period from December 30, 201 to August 20, 201 (hereinafter “instant two sections”; and (d) each of the instant construction work terms and conditions are as follows: (e) the general construction contract terms and conditions (hereinafter “each of the instant construction work”). (e) each of the instant construction work terms and conditions are as follows; and (e) each of the instant construction work terms and conditions are as follows:

(1) In cases where it is necessary to adjust the contract amount due to an amendment to the terms and conditions of the contract for a construction project, such as an amendment to the distance of construction period, transportation, etc., in addition to cases under Articles 20 and 22, the public official in charge of contracts shall adjust the contract amount within the extent not exceeding the actual expenses according to the amended provisions.

(2) Any amendment to the terms and conditions of contract pursuant to paragraph (1) shall be completed before commencing the implementation of the amended provisions.

Provided, That where it is necessary to urgently perform a contract due to the delay in performing the contract, such as where it is likely to cause the deterioration of quality, the public official in charge of contracts shall clearly determine the timing, etc. of amendment to the contract and before amending the contract.

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