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(영문) 서울중앙지방법원 2019.01.16 2016가합566578
손해배상(건)
Text

1. The Defendant shall pay to the Plaintiff KRW 266,182,557 and the interest rate of KRW 15% per annum from August 4, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company established on March 22, 191 for the purpose of running the interior and exterior place specialized construction business, housing and general construction business, etc., and the Defendant is a national university corporation established on December 28, 201.

B. On June 30, 2014, the Plaintiff entered into a construction contract with the Republic of Korea (the Gangwon-gu Regional Procurement Service, the Defendant for the demanding administrative agency) on June 30, 2014, and the E construction project with the size of 6,215.46 square meters in size as underground floors, 3 floors, and total floor area (hereinafter “instant construction project”).

(i)7,340,659,000 won (including value-added tax; hereinafter the same shall apply) for the total amount of the construction work;

) On July 4, 2014, the date of commencement, and the total construction period of 430 days, each contract for construction works in the method of a long-term continuing contract (hereinafter “instant contract for construction works”).

(2) Article 20 (Adjustment of the Contract Price Following Design Modification) (1) of the General Conditions applicable to the Contract for the instant construction project (hereinafter “General Conditions for the instant construction project”) and Article 20 (Adjustment of the Contract Price Following Design Modification) (1) of the contract officer shall adjust the contract price according to the following standards in the event there is an increase or decrease in the volume of construction, such as a change in the method of construction in design modification

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 without a detailed statement of calculation (including cases where performance, standard, etc. are different even for the same item; hereinafter referred to as "new item") shall refer to the time when the agency awarding the contract determines the modified drawings in cases where the modification of the drawing is required at the time of the modification of design, and when the contract parties have agreed on the modification of design in cases where the modification of the drawing is not required, and when the preferential construction has been made in accordance with Article 19 (3);

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