logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.12.23 2019가합511401
공사대금
Text

1. The Defendant’s KRW 1,454,487,300 for the Plaintiff and 6% per annum from November 26, 2018 to December 23, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. On May 7, 2007, the Plaintiff entered into a contract for construction works with the Defendant under the jurisdiction of the Busan Regional Land Management Office (hereinafter “instant construction works”) according to the method of a long-term contract with the construction cost of KRW 98,067,783,00, and the due date of completion of construction works under the contract.

(2) Of the general conditions of the construction contract included in the said construction contract (hereinafter “instant general conditions”), the contents relevant to the instant case are as follows.

Article 20 (Adjustment of Contract Amount Due to Modification of Design) (1) If there occurs an increase or decrease in the volume of construction works, such as a change of construction methods for modification of design, or a change of input materials, the contracting officer shall adjust the contract amount according to the following standards:

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

However, if the contractual unit price is more than the budget unit price and the quantity is increased, the applicable unit price for the increased quantity shall be the budget unit price.

2. The unit price for an item or a item not indicated in the detailed statement of calculation (including cases where the performance, standard, etc. are different even for the same item; hereinafter referred to as "new item") shall be calculated by multiplying the unit price calculated on the basis of the modification of design (where the drawing of design is required to be modified, when the agency awarding the contract determines the modified drawing, where the modification of the drawing is not required, when the agreement is reached between the parties to the contract by the document for the modification of design, or when the preferential construction is made under Article 19 (3); hereinafter the same shall apply) by the successful tender rate (referring to the rate of the successful tender price or the contract price for

(4) Indirect labor expenses for the increased or decreased contract amount referred to in paragraphs (1) and (2), industrial accident insurance premiums and occupational health and safety management expenses, etc., and general management expenses and profits, shall be the indirect labor cost ratio on the calculation sheet.

arrow