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(영문) 광주지방법원 2015.11.06 2015가합51632
공사대금
Text

1. The Defendant’s KRW 401,090 as well as the Plaintiff’s annual rate from November 20, 2014 to November 6, 2015.

Reasons

1. Basic facts

A. On April 5, 2007, the Plaintiff entered into a contract with the Defendant under the terms and conditions as of April 10, 2007 (hereinafter “the instant construction contract”) with regard to the Southern Power Line Co., Ltd., the contract amount of KRW 4,050,000,000, and the starting date of the construction, April 10, 2007, and December 5, 2007, as of December 5, 2007, and thereafter, the contract amount was finally modified as of December 17, 2008, as of Apr. 17, 2008, and December 3, 2009, as of July 12, 2010; as of May 27, 2013; as of September 27, 2013; as of September 27, 2013; as of September 24, 2014; and as of December 16, 2016.

B. The main contents of the instant construction contract are as follows.

Except as otherwise provided for in this condition under Article 2 subparagraph 11 of the General Conditions for Construction Contracts, the Enforcement Decree of the Act on Contracts to which the State is a Party, the Enforcement Rule of the Act on Contracts to which the State is a Party, the Special Cases on the Enforcement Decree of the Act on Contracts to which the State is a Party for Specific Procurement, the Special Rules on the Enforcement of the Act on Contracts to which the State is a Party for Specific Procurement, the Special Rules on the Enforcement of the Act on Contracts to which the State

Where the special conditions of a contract for construction prescribed under Article 3 (2) include details that restrict the contractual interests of the other party to the contract under the Act on Contracts to which the State is a Party, Acts and subordinate statutes related to construction, and this condition, the said special conditions shall not be deemed effective.

In addition to cases under Articles 20 and 22, where 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 construction period, transportation distance, etc., the ordering person shall adjust the contract amount within the extent not exceeding the actual expenses according to the changed terms and conditions, and establish the contract.

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