logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.20 2018가합575705
공사대금
Text

1. As to the plaintiffs' KRW 391,104,90 and its KRW 201,00,000 among them, the defendant shall start on November 15, 2018, and make it 190,104.

Reasons

1. Basic facts

A. On December 2, 2010, the Defendant entered into a contract for construction works between the instant common water supply entity and the Defendant (i) around December 2, 2010, issued a public notice of tender that construction works for the construction of national highways in the north-gu D and in the vicinity thereof (hereinafter “instant construction works”) shall be conducted by an end-user institution as the Ministry of Transport and Busan, the Office of Administration of National Land, and the construction period shall be determined and implemented as the 1,800-day long-term machinery construction

2) A Co., Ltd. (hereinafter referred to as “Co., Ltd.”), Plaintiff C owned 51% of the shares of Plaintiff C and 49% of the shares of Plaintiff C, and constituted a joint water supply and water supply system with the representative company of Plaintiff A (hereinafter referred to as “instant joint water supply system”) and was selected as a successful bidder.

3) On May 2, 201, the instant common water supply company added the period of the overall contract on the instant construction project from May 11, 201 to April 13, 2016, to KRW 32,817,60,000, and the total construction amount. The instant common water supply company received a contract by setting the construction period of the first contract from May 11, 201 to September 7, 2011 (hereinafter referred to as the “instant construction contract”) as KRW 5,00,00 for each of the following terms and conditions related to the instant construction contract, which were entered into between the Plaintiffs and the Defendant (hereinafter referred to as “instant construction contract”).

[General Conditions of the Construction Contract] Article 20 (Adjustment of Contract Price due to Modification of Design) (7) In cases of adjusting the contract price under paragraphs (1) through (6), the agency awarding the contract shall adjust the contract price within 30 days from the date on which the other party to the contract requested to adjust the contract price.

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

(8) A public official in charge of a contract finds that details of a claim for the adjustment of the contract amount of the other party to the contract are unreasonable.

arrow