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(영문) 서울중앙지방법원 2020.02.12 2018가합505546
공사대금
Text

1. The Defendant: (a) against the Plaintiff Company A, KRW 108,942,217; and (b) against the Plaintiff Company C, KRW 104,69,974; and (c) against each of the above amounts.

Reasons

1. Basic facts

A. 1) The Plaintiffs constitute a joint supply and demand organization with 51% shares of Plaintiff A and 349% of Plaintiff C, and constitute a joint supply and demand organization under the Defendant’s control on March 25, 2009, and “D Corporation” (hereinafter “instant construction”).

As to the end-user institution, the Ministry of Land, Transport and Maritime Affairs shall be the Busan Regional Land and Transport Administration, and the total construction cost shall be stated as the total construction cost of KRW 29,452,323,63, and the total construction completion date of March 5, 2014, the contract amount of KRW 250,000,00 and the construction period of the long-term long-term contract from March 31, 2009 to March 26, 2010 entered into the first unit contract for the long-term contract (hereinafter “instant general contract”) (hereinafter “the total construction cost and the date of the total construction completion”), and the instant general contract and each of the following contracts shall be collectively referred to as “the instant construction contract,” and each of the following contracts shall be referred to as “the next unit contract.”

2) Of the general conditions of the construction contract applicable to the instant construction contract (hereinafter “instant general conditions”), the part relating to the instant case is as follows.

(8) Where a contract amount is adjusted pursuant to paragraphs (1) through (6), the agency awarding the contract shall adjust the contract amount within 30 days from the date on which the other party to the contract 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 consideration may be paid after adjusting the volume, etc.

(9) If a contracting officer finds that any other party to a contract requests the adjustment of the contract amount under paragraph (7) is unreasonable, he/she shall take necessary supplementary measures without delay.

In such cases, the period from the date the counter-party to the contract is notified of measures, such as a request for supplementation, to the date the ordering agency is notified of the completion of supplementation shall not be included in the period under paragraph

(10)

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