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(영문) 대구지방법원 2017.06.16 2015가합206069
공사대금
Text

1. As to the Plaintiffs’ KRW 1,095,895,00 and KRW 1,05,934,548 among them, the Defendant shall start January 1, 2016 to January 21, 2016.

Reasons

1. Basic facts

A. The name of the instant construction contract, such as the conclusion of the construction contract: The name of the construction project: the name of the end-of-door road package construction project (two sections): the name of the end-of-door road (the representative contractor, the 51%) end-of-door road package construction project: Hyundai Asan Co., Ltd. (the 51%) and the total construction period of Sejong Construction Co., Ltd. (49%): The total construction period of KRW 9,129,57,280: the rate of liquidated damages: (a) from November 3, 2008 to November 3, 2012: 0.1% the Plaintiffs were between the Defendant and the Defendant around October 28, 2008; (b) the Plaintiffs entered into a joint performance contract with the Defendant for two sections (hereinafter referred to as the “instant construction”); and (c) the Plaintiffs started to receive a long-term continuing construction project by means of joint performance method, method of long-term continuing construction project as follows; and (d) around that time.

(2) The main contents of the general conditions of the construction contract of the local government incorporated into the instant construction contract (hereinafter “instant general conditions”) are as follows.

Local governments general conditions for construction contracts of local governments (Ordinance of the Ministry of Public Administration and Security No. 179, July 7, 2008),

VII. Adjustment of contract amount

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

(d) The ratio of increase or decrease in the contract amount referred to in items (a) and (b), such as indirect labor expenses, industrial accident insurance premiums and occupational health and safety management expenses, and general management expenses and profits, shall be the ratio of increase, such as the ratio of indirect labor expenses, industrial accident insurance premium rate and occupational health and safety management expenses on the calculation sheet, and the ratio of general management expenses and profits, but shall not exceed the ratio

(g) Where the ordering agency adjusts the contract amount under the provisions of items (a) through (f), it shall do so within 30 days from the date when the other party to the contract was requested to adjust the contract amount;

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

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