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(영문) 수원지방법원 2017.06.02 2014가합71470
공사대금
Text

1. The Defendant: (a) to Plaintiff C Co., Ltd., KRW 1,623,61,52, and Plaintiff A Co., Ltd., KRW 708,478,460, and Plaintiff Co., Ltd.

Reasons

1. Basic facts

A. The contract of this case was entered into on April 1, 2008. The trade name was changed from Plaintiff DF to July 1, 2005. The Plaintiff B’s investment ratio was 52%, Plaintiff A’s investment ratio was 2.69%, Plaintiff D’s investment ratio was 20%, Plaintiff D’s investment ratio was 5.31%, Plaintiff B’s investment ratio was 5.31%, and joint supply and demand company as Plaintiff C’s representative (hereinafter “joint supply and demand company of this case”).

(1) On October 8, 2013, the Defendant and the G Construction Work (hereinafter “instant Construction Work”) (hereinafter “instant Construction Work”) enter into a contract with the term “the construction cost of KRW 81,492,300,000 (including surtax), the total construction period from October 10, 2003 to October 7, 2008, and the first construction period from October 10, 2003 to December 31, 2003 (hereinafter “instant contract”).

(4) The ratio of indirect labor cost, industrial accident insurance premium and occupational health and safety management expenses to increase or decrease the contract amount pursuant to the provisions of paragraphs (1) and (2) of Article 20, general management expenses and profits, such as indirect labor cost ratio, industrial accident insurance premium rate and occupational health and safety management expenses, etc. on the calculation sheet, and general management expenses and profits ratio, and general management expenses and profits ratio shall be based on the increase ratio on the calculation sheet, and general management expenses and profits ratio, but shall not exceed the rate

(7) Where an order-placing agency adjusts a contract amount under paragraphs (1) through (6), it shall adjust the contract amount within 30 days from the date of receiving a request from the other party to the contract for the adjustment.

In such cases, where it is inevitable, such as delay in allocating a budget, the period of adjustment may be extended after consultation with the other party to the contract, and when there is no budget to adjust the contract amount, the consideration may be paid after adjusting the volume, etc.

(9) A request for the adjustment of contract amount by the other party to a contract under the former part of paragraph (7) shall be made under Article 40.

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