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(영문) 서울중앙지방법원 2017.08.30 2015가합533083
공사대금
Text

1. The Defendant: (a) KRW 6,026,048,330 for the Plaintiff and 6% per annum from March 5, 2015 to August 30, 2017.

Reasons

1. Basic facts

A. 1) The Defendant entered into a contract and a subcontract. On December 2003, 2003, B construction projects implemented in the form of a long-term continuing construction project (hereinafter “instant construction project”).

(i)1,800 days after the commencement of the construction period, for expected amounts, 183,335,477,000 won (including value-added tax; hereinafter the same shall apply)

(2) On April 8, 2004, the Plaintiff entered into a construction contract with the Defendant on April 8, 2004 with a total construction amount of KRW 83.8 billion, the contract amount of KRW 10 billion, the commencement date of construction, April 10, 2004, and the completion date of construction on December 31, 2004.

The scheduled date of completion of the entire construction works was March 14, 2009, after 1800 days from the commencement date.

3) On December 2, 2004, the Plaintiff Co., Ltd. (hereinafter “C”)

(4) The ratio of indirect labor expenses to the increase or decrease of the contract amount pursuant to the provisions of paragraphs (1) and (2) of Article 20 of the General Conditions for the Construction Contract, the ratio of indirect labor expenses, the ratio of industrial accident insurance premium and the amount of occupational health and safety management expenses, and the ratio of general management expenses and profits to the increase or decrease of the contract amount pursuant to the provisions of paragraphs (1) and (2) of the Construction Contract, shall be based on the ratio of the increase, the ratio of the industrial accident insurance premium and the amount of occupational health and safety management expenses, and the ratio of the general management expenses and profits on the calculation sheet, and the ratio of the increase, the ratio of the total labor expenses, the amount of industrial accident insurance premium and the amount of occupational health and safety management expenses, and the ratio of the general management expenses and profits

(7) Where an order-placing agency adjusts a contract amount under paragraphs (1) through (6), it shall adjust the contract amount within 30 days from the date of receiving a request from the other party to the contract for the adjustment.

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 consideration may be paid by adjusting the volume of construction, etc.

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