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(영문) 서울중앙지방법원 2018.05.11 2015가합538910
공사대금청구의 소
Text

1. The Defendant’s KRW 1,993, 235,748 as well as the Plaintiff’s KRW 6% per annum from June 27, 2015 to May 11, 2018.

Reasons

1. Basic facts

A. 1) On May 31, 201, the Plaintiff refers to the National Defense Facility Headquarters affiliated with the Defendant and the National Defense Facility Headquarters affiliated with the Defendant (hereinafter referred to as the “Defendant”) under the jurisdiction of the Ministry of National Defense.

between the Corporation and the “A” (hereinafter referred to as “instant construction”).

() With respect to the total construction amount of 40,275,821,460 won (the total construction amount of the primary construction amount: KRW 9,97,00,000) and the total construction period from May 31, 201 to November 30, 2013 (the first water construction period: from May 31, 201 to August 30, 2012; the second water construction period: the second water construction period: from September 1, 2012 to November 30, 2013) and a contract for construction in the form of a long-term continuing construction contract (hereinafter referred to as “instant contract”).

A) Around that time, the instant construction contract was concluded and the general conditions of the construction contract (hereinafter “instant general conditions”) are incorporated as part of the instant construction contract. The instant general conditions provide for the adjustment of the construction amount due to the amendment to the terms and conditions of the contract, such as the construction period, as follows.

(5) The ratio of indirect labor expenses, industrial accident insurance premiums and occupational health and safety management expenses, etc. to the increase or decrease in the contract amount under paragraphs (1) and (2) of Article 20 of the General Conditions of the Construction Contract, and the ratio of indirect labor expenses, general management expenses and profits on the calculation sheet, such as the ratio of indirect labor expenses, the ratio of industrial accident insurance premium rate and occupational health and safety management expenses, and the ratio of general management expenses and profits, but shall not exceed the

Article 23 (Adjustment of Contract Price Following Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract price due to an amendment to the terms and conditions of contract, such as an amendment to transportation distance for a construction period, in addition to cases under Articles 20 and 22, the public official in charge of contracts shall adjust the contract within the extent not exceeding the actual

(2) Details of the contract pursuant to paragraph (1).

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