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1. As to the amount stated on the Plaintiffs’ KRW 6,295,610,816 and each item of “monthly operating expenses” in the attached Table 1.
Reasons
1. Basic facts
A. The Defendant decided to construct a high-sea biomass energy facility (hereinafter “instant facility”) in order to dispose of food waste generated in the high-sea area, and requested the Korea Environment Corporation to place an order for the construction of the instant facility (hereinafter “instant construction”), conclude a contract, and implement the instant construction work.
B. Accordingly, the Korea Environment Corporation, in the design and package deal method, has conducted the bidding procedure for the instant construction project, and the Plaintiffs constituted a joint contractors who represent the Plaintiff, Tae Young Construction Co., Ltd. (hereinafter “Tho Young Construction”), participated in the said bidding procedure and were selected as a successful bidder.
Article 22 (Adjustment of Contract Amount Due to Price Fluctuation) (1) The adjustment of contract amount due to price fluctuation shall be governed by the provisions of Article 64 of the Enforcement Decree of the Act on Contracts to Which the State is a Party and Article 74 of the Enforcement Rule of the same Act
Article 23 (Adjustment of Contract Price Following Amendment to Terms and Conditions of Contract) (1) In cases of a contract for a construction project, other than cases under Articles 20 and 22, where it is necessary to adjust the contract price due to an amendment to the terms and conditions of the contract, such as an amendment to the distance of construction period, transportation, etc., the public official in charge of contracts shall adjust it within the extent
C. On June 9, 2010, the Plaintiffs and the Korea Environment Corporation concluded a contract on the instant construction project with the Defendant as an end-user institution (hereinafter “instant contract”). The general terms and conditions of the instant contract include the following:
On the other hand, among the bid guide provided to tender participants in the process of the above bidding procedure (hereinafter “instant bidding guide”), the following contents are included in the "state-owned matters" in Part 1.4 of the bidding guide.