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(영문) 서울동부지방법원 2018.09.20 2017가합106358
감리용역비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts 1) The Plaintiff is a company with the purpose of designing and supervising electricity, telecommunications, fire-fighting equipment, etc., and the Defendant is a public institution established and operated by the Korea Highway Corporation pursuant to the Korea Highway Corporation Act, and as a public institution, B electrical construction supervision services

(2) On May 31, 2013, the Plaintiff entered into a contract for construction works with the Defendant (hereinafter “instant contract for construction works”) with respect to the instant construction works. The total service period was 940 days (from May 31, 2013 to December 26, 2015) and the total service amount was 2.175 million won. Of them, the first class contract was set at 215 days (from May 31, 2013 to December 31, 2013) and the amount was set at 32,6250,000 won, and the general terms and conditions of the service contract included the following.

Article 17 (Adjustment of Contract Amount Due to Amendment to Terms and Conditions of Contract) (1) In case where it is necessary to adjust contract amount due to the modification of other terms and conditions of contract in a service contract in addition to the cases prescribed in Articles 15 and 16, a contracting officer shall adjust it within the extent not exceeding the actual expenses according

(3) When a contracting officer deems that the performance of service is delayed due to a cause falling under any of the following subparagraphs, he/she shall not include the relevant number of days (in cases falling under subparagraph 5, 1/2 of the relevant number of days) in the number of days of delay under paragraph (1):

2. Where the number of service commencements has been delayed or the service performance has been suspended due to Korean construction works;

6. Where delay occurs due to any other cause not attributable to the other party to the contract, as prescribed in Article 19 (Extension of Contract Period) (1) Where any cause falling under any subparagraph of Article 18 (3) occurs within the contract period, the other party to the contract shall, without delay, apply for the extension of contract period to the contracting officer in writing and the additional expenses are incurred due to such extension before the contract period expires.

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