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(영문) 서울중앙지방법원 2017.11.15 2015가합580140
공사대금
Text

1. The Defendant’s KRW 2,057,291,173 among the Plaintiff and KRW 201,00,000 from January 23, 2016, KRW 1,856,291,173.

Reasons

1. Basic facts

A. 1) On September 25, 2009, the Plaintiff entered into a contract with the Defendant for the construction of an urban development project complex in the zone D zone (one construction section; hereinafter “instant construction”).

(2) Of the general conditions of the construction contract to be incorporated into the instant construction contract (hereinafter “general conditions”) and the special conditions of the construction contract (hereinafter “special conditions”) to be incorporated into the instant construction contract on September 31, 2012, the contract amount of KRW 89,814,678,000 with the Defendant and the contract was concluded on September 30, 2009.

General Conditions

I. IN GENERAL.

2.The definitions of terms used in this condition shall be as follows:

(j) Except as otherwise provided in this condition, the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contracts Act”).

) The Enforcement Decree, the Enforcement Rule, the Special Cases of the Enforcement Decree of the Act on Contracts to Which the State is a Party for Specific Procurement, and the Rules of the Ministry of the Interior and Safety, which are applied mutatis mutandis under Article 5 of the Enforcement Decree, shall be governed by the Local Government Bidding and Contract Execution Standard,

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) to indirect labor expenses, industrial accident insurance premiums and occupational health and safety management expenses, etc., and general management expenses and profits shall be the ratio of increase, such as the ratio of indirect labor expenses, the ratio of industrial accident insurance premium rate and the occupational health and safety management expenses on the calculation sheet, and the ratio of general management expenses and profit but shall

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

In such cases, the allocation of budget is delayed.

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