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(영문) 서울중앙지방법원 2017.05.11 2015가단5385947
공사대금
Text

1. The Defendant’s KRW 94,864,00 for the Plaintiff and KRW 6% per annum from December 29, 2015 to May 11, 2017.

Reasons

1. Basic facts

A. On May 25, 2012, the Plaintiff, the Hanjin Heavy Industries, the Hanjin Heavy Industries, the advanced engineering comprehensive architectural firms, and the downtown Engineering comprehensive architectural firms constituted a joint contractor (the Plaintiff’s representative; hereinafter “Plaintiff”), and the contract amount of KRW 57,797,760,000 from the Defendant was increased to KRW 58,125,179,000 according to the price fluctuation on July 5, 2013;

The construction contract was concluded on May 31, 2012 to November 21, 2012, and on the 25 sites, including Hongcheon-gun, Gangwon-do, with the content that 26 military life zone construction was newly constructed.

B. Main terms and conditions of the construction contract incorporated as part of the above contract are as follows:

9. The contracting officer and the other party to the contract under Article 1 of the General Conditions of the Construction Contract shall implement with respect to the contract for construction works as stipulated in the standard contract for construction works (hereinafter referred to as the "contract"), on the basis of the principle of good faith and sincerity, as stipulated in the contract documents stipulated in Article 3;

Article 11 (Securing Construction Sites) (1) An ordering agency shall secure construction sites and deliver them to the counter-party by the date on which the counter-party to the contract needs to perform the construction works, except as otherwise provided in the contract documents

(2) The other party to the contract shall obtain confirmation as to whether construction sites are secured from a contracting officer before inserting human resources, equipment, or materials to the site.

Article 23 (Adjustment of Contract Price Following Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract price due to an amendment to the terms and conditions of contract, such as an amendment to transportation distance for a construction period, in addition to cases under Articles 20 and 22, the public official in charge of contracts shall adjust the contract within the extent not exceeding the actual

(2) Any amendment to the terms and conditions of a contract pursuant to paragraph (1) shall be completed before commencing the implementation of the changed provisions.

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