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(영문) 서울중앙지방법원 2013.11.22 2012가합8524
공사대금
Text

1. The Defendant’s KRW 1,130,554,00 for the Plaintiff and KRW 6% per annum from January 1, 2012 to October 24, 2013.

Reasons

1. Basic facts

A. On May 4, 2005, the Plaintiff entered into a contract for the instant construction project with Nonparty B Co., Ltd. and C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) as the representative of the Plaintiff (hereinafter “Co., Ltd.”). On May 4, 2005, the Plaintiff entered into a contract for construction works (hereinafter “instant contract”) with the Defendant for the construction of electric power facilities (hereinafter “instant construction works”) with the Defendant, with the first construction cost of KRW 5 million,000,000,000,74,205, the first construction period of KRW 18,000,74,205, and the first construction period from the date of commencement to December 31, 2005, with the total construction period of KRW 34 months from the date of commencement (hereinafter “the instant contract”).

B. Of the general terms and conditions of the instant contract for construction works under the instant contract, the part related to the instant case is as follows.

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

(7) Where the Corporation adjusts a contract price pursuant to paragraphs (1) through (6), it shall do so within 30 days from the date on which a request by the counter-party to the contract for the adjustment of contract price is received.

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.

(8) If it is found that the details of the other party to a contract request to adjust the contract amount under paragraph (7) are unreasonable.

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