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(영문) 서울중앙지방법원 2020.07.15 2017가합521565
공사대금
Text

1. The defendant is the defendant's 6,014,261,050 won against the plaintiff Eul corporation, the lawsuit transferee of the plaintiff Gap corporation, and the plaintiff Eul corporation 1.

Reasons

1. Basic facts

A. 1) The entry of the construction contract in the name of the Company A, the Plaintiff C, the Plaintiff D and the F Co., Ltd. (hereinafter “stock company”) is omitted.

A) The joint supply and demand company’s investment ratio was A50%, C20%, F 20%, and Plaintiff D 10%, and around December 2015, F was changed to A70%, Plaintiff C20%, and Plaintiff D 10% following F’s withdrawal from the joint supply and demand company. On April 8, 2004, the joint supply and demand company constituted B and the procuring entity under the Defendant’s control and the procuring entity as the Seoul Regional Land Management Office for Construction and Transportation (hereinafter “instant construction”).

As to a long-term continuing contract, the total contract amounting to KRW 147,774,00,00,000 shall be additionally stated as the total contract amounting to KRW 10,000,000, and the contract amounting to KRW 10,000,000, and the construction period from April 10, 2004 to October 7, 2004 (hereinafter “instant contract for construction”) shall be deemed as the general contract and the primary and several construction contracts (hereinafter “instant contract”). If it is necessary to distinguish between the general contract and the following contracts, the “instant general contract” and “number of contracts” shall be deemed as the general contract.

2) Of the general conditions of the construction contract applicable to the instant construction contract (hereinafter “instant general conditions”), the parts relating to the instant case are as follows.

Article 7 (Deposit for Contract) (1) In cases where the contract price has been increased in accordance with the provisions of this condition, the other party to the contract shall additionally pay the contract bond of the corresponding amount, as prescribed in Articles 50 and 52 of the Enforcement Decree, and where the contract price has been reduced, he/she may claim the return

Article 20 (Adjustment of Contract Amount Due to Modification of Design) (1) If there occurs an increase or decrease in the volume of construction works, such as a change in the method of execution of design modification, or a change in input materials, the contracting officer shall adjust the contract amount according to the following standards:

1. The unit price for the increased or decreased volume of construction works shall be the agreed unit price;

However, if the contractual unit price is higher than the budget unit price.

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