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(영문) 인천지방법원 2016.06.24 2014가합58524
공사대금
Text

1. As to KRW 800,225,190 among the Plaintiff and KRW 762,625,00 among them, the Defendant shall start from November 18, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On November 26, 2008, the Plaintiff concluded each contract for construction works (hereinafter “instant construction contract”) with the Defendant and Seo-gu, Incheon at the 139 Wang-do, Seo-gu, Incheon, with regard to the total length of KRW 1,788m connecting the error district, KRW 4,378,588,000, the starting date, December 3, 2008, and May 22, 2011, with regard to construction works for which the error district was installed at the 25m wide.

B. The part concerning the adjustment of the contract amount due to the extension of the construction period among the general conditions of the construction contract of the local government (Ordinance of the Ministry of Public Administration and Security No. 179, Jul. 7, 2008; hereinafter “instant general conditions”) which provided the contents of the instant construction contract is as follows.

8. Delay in performing the duties and termination and termination of contracts;

2. Extension of contract term;

(a) Where any ground arises within the contract period, such as design change, delay in the commencement of construction due to an ordering agency, or suspension of construction, the other party to the contract shall, without delay, request the contracting officer to extend the contract period in writing via the construction supervisor;

Provided, That where the ground for the extension of the contract expires after the expiration of the contract period due to the occurrence of the grounds for the extension, the extension shall be requested immediately.

(b) When a contracting officer receives an application for the extension of the above contract period, he shall promptly investigate and confirm such fact and take necessary measures such as extension of the contract period so that the construction may be implemented as appropriate;

Where the contract period is extended under the above provisions, the contract amount shall be adjusted to the extent that does not exceed the actual cost according to the amended provisions in accordance with the following provisions:

Adjustment of the contract amount due to changes in the contents of the contract.

(a) Where it is necessary to adjust contract amount due to changes in terms of contract, such as the period of construction;

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