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(영문) 서울중앙지방법원 2015.10.21 2015가합526252
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the instant case is the case for which the Plaintiff seeks construction cost equivalent to the amount of the said reduction and the amount of the said increase in KRW 970,041,00,00, on the ground that it is unreasonable to reduce the adjusted amount of KRW 503,561,02 due to the price fluctuation in the items group of household construction by changing the classification of the items group of household construction works when concluding a final change contract related to the construction works that the Defendant contracted to the Plaintiff, and that it is unreasonable to refuse to increase the adjusted amount of KRW 5

On February 5, 2008, the Plaintiff entered into a construction contract with the Defendant, the ordering person, through a construction contract, on February 5, 2008, including the contract and statutory provisions related to the contract amount adjustment due to price fluctuation.

According to Article 22(1) of the General Conditions of the Construction Contract, which is a contract document for construction works (construction machinery) from June 5, 2008 to September 1, 201 (civil engineering) and from November 2, 2008 to July 23, 201, the adjustment of the contract amount due to price fluctuations is in accordance with Article 64 of the Enforcement Decree of the Act on Contracts to which the State is a Party and Article 74 of the Enforcement Rule of the same Act.

In accordance with Article 64(1)2 of the Enforcement Decree of the Ministry of Strategy and Finance and Article 64(1)2 of the Enforcement Decree of the above Act and Article 74 of the Enforcement Rule of the Enforcement Rule, the relevant provisions of the guidelines for the execution of government bidding contracts (hereinafter referred to as "accounting rules") that prescribe detailed matters, such as guidelines for calculating the index adjustment

In calculating the index adjustment rate pursuant to the provisions of Article 64 (1) 2 of the Enforcement Decree of Article 68 (Adjustment Rate and Definition of Terms) (Definition of Index), it shall be in accordance with this Chapter, and the definitions of terms used in this Chapter shall be as follows:

1. "Items" means the investigation by the Bank of Korea of the material cost, machinery cost, performance cost, or Bank of Korea of Korea of all the items constituting the material cost, labor cost, and expenses, among the details of contract amount calculation;

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