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(영문) 대구지방법원포항지원 2020.09.17 2019가합10281
공사대금
Text

1. The defendant is about KRW 30,083,905 to the plaintiff corporation, KRW 90,251,715 to the plaintiff corporation, and each of them.

Reasons

Basic Facts

On April 10, 2013, the Defendant (hereinafter “instant construction”), as a local government, announced a public announcement of the construction work on April 10, 2013 with respect to the long-term continuing construction works necessary for the “C Improvement Project” promoted by the Defendant (hereinafter “C Improvement Project”).

(Period of Construction: 1,440 days from the date of commencement, 360 days from the gold period, 360 days for each type of work: Civil engineering work 8,946,457,00 won/66%, landscape architecture construction work 4,679,543,000 won/34.34%). Plaintiffs and D Co., Ltd (hereinafter Plaintiffs and D Co., Ltd.) designate their respective names as representatives, and Plaintiff B (former Change) (former Co., Ltd.) designate their respective shares as representatives, and “1: B: Civil engineering work 75%, total 49.245%, ② Plaintiff A: 25%, total 16.415%, and 3.D landscaping 10%, total 34.34%, respectively, and participated in the bid.

Plaintiff

B On May 24, 2013, with respect to the instant construction work in the form of a long-term contract with the Defendant, concluded a comprehensive contract and a number of the first construction contracts with the Defendant for the total construction cost of KRW 10,143,47,00, 1440 after the commencement of the total construction period (from May 27, 2013 to May 5, 2017), 1,618,00,000 for the construction cost of the gold tea (first), and 360 days after the commencement of the construction period (from May 27, 2013 to May 21, 2014).

The agreement on the total construction amount and the total completion date shall be referred to as "the overall contract of this case", and each of the following contracts shall be referred to as "the multiple contracts".

. Adjustment of contract amount under Section VII of the general conditions of the contract for construction;

1. Adjustment of contract amount due to a modification of design;

(a) Where there occurs an increase or decrease in construction volume, such as a change in the method of construction in a design or a change in input materials, a contracting officer shall adjust the contract amount according to the standards falling under any of the following subparagraphs:

The unit price for the increased or decreased volume of construction works shall be the agreed unit price.

Provided, That if the contractual unit price is higher than the budget unit price and the quantity is increased, the applicable unit price for the increased quantity shall be the budget unit price.

(e)in accordance with “A” and “B”;

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