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(영문) 수원지방법원성남지원 2019.07.09 2017가합403927
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Conclusion of a construction contract 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

) Plaintiff B and Co., Ltd (hereinafter “Plaintiff B”)

) The Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”)

A) The percentage of equity shares of Plaintiff A 60%, Plaintiff B 30%, and Plaintiff C 10%, and the joint supply and demand organization consisting of Plaintiff A as its representative shall be organized between the Defendant and the Defendant on June 3, 2011 (hereinafter “instant construction”).

As to the total construction cost of KRW 13,097,029,00, total construction period from June 7, 201 to December 22, 2013 (930 days), total construction cost of KRW 1,128,952,00 in the first year construction cost, and total construction period of KRW 1,128,952,00 in the first year construction period from June 7, 201 to December 16, 201 (193 days) are collectively referred to as “instant construction contract” (hereinafter referred to as “instant construction contract”).

Article 20 (Adjustment of Contract Amount due to Modification of Design, (4) Costs of indirect labor expenses, industrial accident insurance premiums and occupational health and safety management expenses, etc. for the increased or decreased contract amount under paragraphs (1) and (2) of this Article, and general management expenses and profits shall be based on the ratio of indirect labor expenses on the calculation sheet, such as the ratio of indirect labor expenses, the ratio of industrial accident insurance premium rate and occupational health and safety management expenses, and general management expenses and profit ratio, but shall

(7) Where an ordering agency adjusts a contract price pursuant to paragraphs (1) through (6), it shall adjust the contract price within 30 days from the date it receives 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 in 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,

(8) If a contracting officer finds that any other party to a contract requests the adjustment of the contract amount under paragraph (7) is unreasonable, he/she shall request necessary supplementation without delay.

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