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(영문) 서울중앙지방법원 2018.06.27 2017가합540405
간접비 청구
Text

1. The Defendant: (a) 265,613,705 won to the Plaintiff Incorporated Development Co., Ltd.; and (b) 66,403,426 won and above to the Plaintiff Incorporated Development Co., Ltd.

Reasons

1. Facts of recognition;

A. On September 25, 2012, the Plaintiffs entered into a contract with the Defendant on December 13, 2012, a joint supply and demand organization consisting of the Plaintiff Korea Development Co., Ltd. (hereinafter “Plaintiff Korea Development”), the Plaintiff’s share ratio of 80% taking into account and development, and Plaintiff 00 Construction Co., Ltd. (hereinafter “Plaintiff 00”). On December 13, 2012, the Plaintiffs entered into a contract with the Defendant for the construction of 35,963,863,757 won in total construction cost and the construction of Mabbbbbsp pumps (hereinafter “instant construction”). From December 13, 2012, the Plaintiff entered into a contract with the Defendant for the construction of the 35,963,863,757 won in total with respect to construction cost and the construction of the Mabbbbsp pumps PP (hereinafter “instant construction”).

B. Details of the instant contract 1) The general conditions of the construction contract included in the instant contract (hereinafter “instant general conditions”)

According to the contract for a construction project, where it is necessary to adjust the contract amount due to changes in the terms and conditions of the contract, such as changes in the distance of construction period, the contracting officer shall adjust the contract amount to the extent that it does not exceed the actual cost according to the changes (Article 7

(i) if the contract value is increased, the adjustment shall be made upon request of the other party to the contract (Article VII 4(d)).

30 days from the date of receipt of the other party’s claim to adjust the contract amount (Article VII(e)).

The special terms and conditions of the construction contract (hereinafter “instant special terms and conditions”) included in the terms and conditions of the instant contract are as follows.

(1) Where the deadline for construction works is extended, indirect labor costs shall be the site of documents for year-end settlement of benefits, wage payment ledger, and construction supervision for field technicians during the construction period.

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