(영문) 서울중앙지방법원 2018.06.08 2016가합537662

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(영문) 서울중앙지방법원 2018.06.08 2016가합537662

공사대금

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1. The Defendant’s KRW 7,559,268,471 as well as the Plaintiff’s KRW 6% per annum from December 23, 2015 to June 8, 2018.

Reasons

1. Facts of recognition;

A. 1) On November 10, 2004, the Plaintiff entered into a contract with the Defendant, Suwon-si B (hereinafter “instant construction”).

(1) A contract for the construction of a long-term continuing contract under which the sum of the construction costs is KRW 71,820,000,000,000, the date of the commencement of the construction, and the total construction period is determined on November 17, 2004, and KRW 1,825 (hereinafter “instant contract”).

(2) According to the general conditions of the construction contract included in the instant contract (hereinafter “instant general conditions”), where it is necessary to adjust the contract amount due to a change in the terms and conditions of the contract, such as a change in the distance of construction period, in the construction contract, the contracting officer shall adjust it to the extent that it does not exceed the actual cost according to the changed terms and conditions (Article 23(1)); where the contract amount is increased, it shall be adjusted upon the request of the other party to the contract (Article 23(4)); and the contracting officer shall adjust the contract amount within 30 days from the date the other party to the contract receives a request

(Articles 23(5) and 20(7)(b).

The contract of this case entered into a revised contract of this case with respect to a long-term contract of this case, and the contract of this case was entered into by the number of contracts by the method of a long-term contract, and was modified on December 30, 2008 by the method of continuing expenditure, and was modified on eight occasions thereafter. The details of the contract of this case are as follows.

- 20,00,000 on November 16, 2009 (1,825 on January 16, 2009) 20,00,000,820,000 on December 29, 200 on December 20, 2005 - 3,00,00,00 on the 20. 1,000,00 on the 3,00,00,00,000,00 on 1,00 on 20,00 on 3,00,00,00; 3,00,00,000 on 3,20; 16,7,000 on February 20, 206 - 7, 200,00 on 16,00,000 on 16,00,000,000 on 16,000;

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