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1. The Defendant’s KRW 162,836,36 of the Plaintiff, and KRW 6% per annum from November 28, 2016 to October 10, 2019, and the following.
Reasons
1. Basic facts
A. On December 26, 201, the Plaintiff concluded a contract for construction works (hereinafter “instant contract”) with the Defendant and B Corporation (hereinafter “instant construction works”) by setting the construction cost of KRW 2,583,837,00 and the construction period from December 26, 201 to December 25, 2012.
B. Acts and subordinate statutes related to the instant case and the content of the instant contract are as follows.
(1) In addition to cases under Articles 64 and 65 of the Enforcement Decree of the Act on Contracts to Which the State is a Party, the head or a contracting officer of a central government agency shall adjust the contract amount to the extent that it does not exceed the actual cost according to the amended details, if it is necessary to adjust the contract amount due to a change in the terms and conditions of the contract, such as a change in the period of construction, transportation distance, etc., in addition to cases under Article 64 and
Article 22 (Use and Settlement of Safety Management Expenses) of the Special Conditions for the Construction Contract included in the instant contract (hereinafter referred to as the “Special Conditions”) shall submit to the Corporation a statement of use of safety management expenses after the completion of the construction, and shall use safety management expenses for other purposes or adjust the amount not used from the contract amount to the amount of the contract.
C. In order to carry out the instant construction, the site where water quality purification facilities are installed is to be changed from Class II residential area to a natural green area, and the determination and authorization of urban planning facilities related thereto (hereinafter “instant authorization”) were delayed, and the instant construction was completed on November 27, 2016.
On the other hand, the Plaintiff and the Defendant entered into a multiple changes contract as seen above, and finally, on October 27, 2016, the construction amount of the instant contract is KRW 2,901,001,360, and the construction period is KRW 2,901.