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(영문) 서울중앙지방법원 2017.06.01 2015가단5340418
간접공사비 청구의 소
Text

1. The Defendant’s annual interest in KRW 59,86,858 and KRW 58,740,00 among the Plaintiff, from May 16, 2015 to November 9, 2015.

Reasons

1. Basic facts

A. On December 27, 2013, the Plaintiff, a company whose business purpose is the conclusion of a contract, such as civil engineering and construction works, is the instant contract for construction works under a long-term long-term contract (hereinafter “instant construction”) with the Armed Forces Finance Management Body under the Defendant, and with respect to “13-G2-G-6 indoor shooting range installation works” ordered by the said Management Body (hereinafter “instant construction works”).

A) Around that time, the construction was commenced. The total construction period of O from December 27, 2013 to December 31, 2014: 2,022,570,000 O primary construction period: from December 27, 2013 to April 30, 2014: the first construction period of O from December 27, 2013 to April 30, 2014: 816,040,000 won (the main contents of the general conditions of the instant construction contract for the instant contract for the construction project are attached hereto.

1. The part related to this case in the Act on Contracts to which the State is a Party (hereinafter “State Contract Act”) and the Enforcement Decree of the State Contracts Act is identical to the general condition of the construction contract, and the attached Form

2. The entry into the relevant Acts and subordinate statutes;

B. Alteration of the instant contract and completion of the instant construction (1) The instant construction was extended to the extent that the construction period was originally planned, and eventually completed on May 15, 2015. In that process, the Plaintiff and the Defendant were attached thereto.

3. The contract and amendment contract were concluded by each number of vehicles, such as the statement on the content of the instant construction contract modification.

(2) On the other hand, the extension of construction period of 135 days under the 135-day general contract (the 2nd revised contract) is subject to the “suspension of construction by means of the supplementary design for the ventilation equipment of the indoor shooting range”. The increase of total construction cost in the 2,502,860,000 won under the 2nd revised contract is a result of reflecting the details of the supplementary design for the indoor shooting range equipment in the contract amount.

C. On December 8, 2014, the Plaintiff filed an application with the Defendant for the adjustment of the contract amount with the content of requesting an increase in the amount of indirect construction cost to be incurred due to extension of the construction period, and the construction period on March 31, 2015.

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