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(영문) 대구지방법원 2019.07.25 2017가합206940
간접비
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) The name of the construction project, such as the conclusion of the instant construction contract: Basic amount of the project: KRW 7,363,700,000, this Corporation shall conclude a contract as a long-term construction within the budget of the relevant year.

The construction period: 900 days from the commencement date: the defendant on June 12, 2013 (hereinafter referred to as "the construction of this case") shall be the "B Project" on June 12, 2013.

(2) On June 27, 2013, the Plaintiff made a public announcement of electronic bidding for facility construction with the following contents as to the construction contract (hereinafter “instant construction contract”). On June 27, 2013, the Plaintiff concluded a construction contract for the construction project with the Defendant and the instant construction project with the total construction period from June 28, 2013 to December 14, 2015 by means of long-term continuing construction contracts.

Section VII. Adjustment of Contract Price

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

(a) Where there occurs an increase or decrease in construction volume, such as a change in the method of construction in a design or a change in input materials, a contracting officer shall adjust the contract amount according to the standards falling under any of the following subparagraphs:

E. The ratio of increase and decrease in the contract amount under “A” and “B, such as indirect labor expenses, industrial accident insurance premium, and occupational health and safety management expenses, and general management expenses and profits, to the increase and decrease in the contract amount under “A” and “B, shall be the ratio of increase in the indirect labor ratio, such as the industrial accident insurance premium rate and occupational health and safety management expenses, and the ratio of general management

H. Where a contract amount is adjusted according to “A” through “g,” the agency awarding the contract amount must adjust the contract amount within 30 days from the date on which 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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