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(영문) 서울중앙지방법원 2014.10.31 2012가합98039
공사대금
Text

1. The Defendant’s KRW 1,366,654,576 as well as the Plaintiff’s KRW 17% per annum from January 8, 2011 to November 29, 2012.

Reasons

1. Basic facts

A. 1) The Plaintiff and an inventive Construction Co., Ltd. (hereinafter “Voluntary Construction”), including the conclusion of the instant contract

(2) If it is not necessary to divide the Plaintiff into a joint supply and demand organization representing the Plaintiff (hereinafter referred to as “Plaintiff”).

(2) On December 27, 2007, the Defendant and the Defendant constituted “the expansion and retention of sewage as Gangnam” (hereinafter “the instant construction”).

(i) the contract for construction works (hereinafter referred to as “the contract for construction works”) with the total construction cost of KRW 7,723,874,00, and the total construction period of KRW 1,095 ( January 3, 2008, the date of commencement and January 2, 2011) as the total construction amount of KRW 7,723,874,00,00

(2) The instant contract was concluded as a long-term continuing construction contract (a total construction amount determined by a successful bid, etc. shall be additionally stated, and a separate contract was concluded for each number of vehicles within the scope of the budget of the pertinent year). Among them, the third construction contract was concluded as of January 21, 2009 by setting the contract amount of 4,334,000,000, and the construction period from March 1, 2009 to December 31, 2009.

3) The general conditions of the construction contract under the third construction contract and the construction contract under the instant contract (hereinafter “instant general conditions”)

The parts relating to the instant case are as follows:

Section VII. Adjustment of Contract Price

1. Adjustment of contract amount due to a modification of design;

(a) Where the volume of construction increases or decreases, such as a change of the method of construction in a design or a change of input materials, a contracting officer shall adjust the contract amount according to any of the following standards:

(g) In the event that the contract amount is adjusted under the provisions of “A” through “B”, the ordering agency shall adjust the contract amount within 30 days from the date on which the other party to the contract has been requested to adjust the contract amount

(i) The claim for the adjustment of the contract amount by the other party to the contract under the former part of the “private company” is for a long-term continuing construction project for which the completion price is completed under Section 9.

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