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(영문) 서울중앙지방법원 2021.01.28 2019가합548748
공사대금
Text

The defendant's KRW 10,600,236,000 for the plaintiff and 6% per annum from April 1, 2019 to January 28, 2021.

Reasons

1. Basic facts

A. In December 2006, the Defendant’s Public Procurement Service extended the roads of 12.7 km from Bri to Cri of the same Gun, and installed 14 bridges and 6 crosssections, etc. (hereinafter “D construction construction of this case”) with respect to the instant construction work, a procuring entity designated the Ministry of Transportation (the current Ministry of Land, Infrastructure and Transport), the Seoul Regional Land Management Office, and the method of construction as a long-term construction, and publicly announced the bid for construction works.

2) On March 13, 2007, with respect to the instant construction project with the Defendant, the Plaintiff entered into the first construction contract, which is an annual contract under the contract on construction machinery from March 19, 2007 to September 15, 2007, with regard to the contract amounting to KRW 50,00,000,00, and the construction period from March 19, 2007 to September 15, 2007. The total construction amount additionally stated in the contract amounting to KRW 89,01,465,00 and the total construction period

3) Matters related to the instant case among the general terms and conditions of the construction contract included in the instant construction contract (hereinafter “instant general terms and conditions”) are as follows.

Article 20 of the General Conditions of this case (Adjustment of Contract Amount known to Design Modification) (4) The ratio of indirect labor expenses, industrial accident insurance premium and management expenses for occupational safety and health management to the increase or decrease of contract amount under paragraphs (1) and (2) of this case, and general management expenses and profits, such as indirect labor expenses, industrial accident insurance premium and management expenses for occupational safety and health, etc. on the calculation statement, and general management expenses and profits shall be based on the ratio of winning, such as the ratio of indirect labor expenses, industrial accident insurance premium rate, management ratio of occupational safety and health,

(7) Where an order-placing agency adjusts a contract amount under paragraphs (1) through (6), it shall adjust the contract amount within 30 days from the date when the other party to the contract receives a request for the adjustment of contract amount.

In such cases, where it is inevitable, such as delay of budget allocation, etc., the period of adjustment may be extended in consultation with the other party to the contract, and when there is no budget to adjust the contract amount, the amount of construction, etc. shall be adjusted.

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