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(영문) 광주지방법원 2020.05.21 2019가합51876
공사대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) between the Plaintiff A and the Defendant

(1) On January 12, 2006, the Defendant entered into a contract for construction works in the way of a long-term contract (60 months from the commencement date) with the term “E Road Packing Works (hereinafter “instant construction works”) by setting the contract amount of KRW 164,00,000 for the instant construction works, the total construction amount of KRW 29,369,070,000 for the total construction amount, the contract period of the construction amount of KRW 29,369,00,000 for the instant construction works, or the contract period from January 18, 2006 to January 17, 201 (60 months from the commencement date) (hereinafter the general contract and the number of contracts for construction works in the instant case by distinguishing the overall contract from the instant construction contract into the general contract, and the general contract

(2) On November 25, 2013, Plaintiff A merged with D on November 25, 2013. On December 23, 2013, Plaintiff A and the Defendant concluded a contract under which the other party to the said construction contract was changed from D to A to the Plaintiff (hereinafter “instant construction contract”).

Adjustment of contract amounts due to the adjustment of contract amounts under Section VII of the General Conditions of Construction Contracts in Chapter XIII of the Standards for Bidding and Contract Execution of Local Governments

(j) A claim for the adjustment of the contract amount under the former part of “A” may be paid the adjustment amount to be made before the completion price under Section 9 “6” (in cases of long-term continuing construction, the price for completion by each number of vehicles) is received.

4. Adjustment of the contract amount due to amendments to the terms and conditions of contract.

(a)In the case of a contract for a construction project, where it is necessary to adjust the contract amount due to changes in the terms of the contract, such as changes in the period of construction and distance, in addition to cases under the provisions of "1" and "3, the contracting officer shall adjust it to the extent that the changes do not

In the case of “A”, when the contract price is increased, it shall be adjusted at the request of the other party to the contract.

(e)in the case of the contract price adjustment under “A” through “D”, from “1-h” to “motor vehicle”;

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