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(영문) 서울중앙지방법원 2020.09.16 2018가합521371
공사대금
Text

Defendant Sejong-do’s 6,773,614,501 won and 2,00,000,000 won among the Plaintiffs, from May 2, 2018.

Reasons

1. Facts of recognition;

A. (1) On May 30, 2002, the Plaintiffs constituted a joint supply and demand organization under the Defendant’s Republic of Korea and a procuring entity under the Defendant’s Republic of Korea as the Defendant Park Jong-nam, and the F Corporation’s “F Corporation” (hereinafter “instant construction”).

A) As to a long-term continuing contract, the total contract amounting to KRW 11,024,00,000 shall be additionally stated as the total contract amounting to KRW 135,48,00,000 on May 30, 2007, and the construction period of KRW 11,024,00,000, and the construction period from May 31, 2002 to December 31, 2003 (hereinafter “instant construction contract”), and if it is necessary to distinguish between the general contract and the multiple contracts, the overall contract and the instant multiple contracts shall be deemed as “the instant multiple contracts”.

Article 20 (Adjustment of Contract Amount Following Modification of Design) (1) If there is an increase or decrease in the volume of construction works, such as a change in the method of design modification, or a change in input materials, the contracting officer shall adjust the contract amount according to the following standards: 1. The increased or decreased unit price for the construction works shall be the contract unit price: Provided, That if the contract unit price is higher than the unit price for the construction works and the volume increases, the applicable unit price for the increased quantity shall be the unit price for the projected price:

The term "new items" shall be referred to as "new items"

(i)The unit price shall refer to the time when the design modification was made at the time of the modification (where the design drawing needs to be modified, when the agency awarding the contract determines the modified drawing, and where the design drawing is not required to be modified, when the

hereinafter the same shall apply.

(i) the bid price rate (referring to the percentage of the successful bid price or the contract price for the projected price) calculated on the basis of the unit price.

hereinafter the same shall apply.

shall be the amount multiplied by the number of persons.

(4) Expenses for indirect labor expenses, industrial accident insurance premiums, occupational health and safety management expenses, etc. in relation to an increase in the contract amount pursuant to paragraphs (1) and (2).

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