(영문) 서울중앙지방법원 2018.02.02 2015가합521875

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.02.02 2015가합521875

공사대금

Text

1. The Defendant’s KRW 53,51,871 as well as the Plaintiff’s annual rate of 6% from April 28, 2012 to February 2, 2018.

Reasons

1. Basic facts

A. On September 10, 2009, the Defendant announced the announcement of the tender (hereinafter “instant tender”) with respect to the “new construction work of this case” (hereinafter “new construction work of this case”) and the “construction work of this case” (hereinafter “instant construction work”).

B. On September 17, 2009, the Plaintiff was selected as the lowest bidder as the successful bidder, and on September 29, 201, concluded a construction contract with the Defendant for the instant construction project with respect to the construction period from October 5, 2010 to November 30, 201 with respect to the instant construction project (hereinafter “instant construction contract”). The contract amount was KRW 1.738 billion, such as the Plaintiff’s bid price.

C. After that, the Plaintiff and the Defendant concluded a modified contract five times as follows.

(1) Each of the instant modified contracts is classified as “instant modified contracts”; (2) the amount of increase or decrease of the contract amount on September 29, 201 to November 30, 201 - the amount of KRW 1.738 billion on June 8, 2011 to November 30, 201 - the one-time changed 1,789,616,000 won on June 30, 201 to November 30, 201; (3) the two-time change of KRW 1,789,616,000 on October 3, 201 to 3, 205; and (4) the two-time change of KRW 30,616,00 on October 18, 201 to 30, 205; and (5) the change of the contract amount on November 30, 201 to 20,000 won on August 1, 2015.

D. Meanwhile, the part related to the issue of this case among the general conditions of the construction contract that forms the contents of the instant construction contract (hereinafter “instant general conditions”) is as follows.

Article 17 (Adjustment of Contract Amount Due to Modification of Other Contents of Contract) (1) A contracting officer means the provisions of Article 16 concerning the adjustment of contract amount due to modification of design.

Where it is necessary to adjust the contract amount due to the revision of the terms and conditions of the contract, such as a change of the period of construction, transportation distance, etc., other than those under the case, it may be adjusted to the extent that

Article 20 (Extension of Contract Period) (1)

유사 판례

-서울고등법원 2018.11.29 2018나2031451

-전주지방법원 2015.02.13 2014가합1255

-서울중앙지방법원 2015.01.15 2012가단5058961

-울산지방법원 2014.02.05 2013가합313

-서울중앙지방법원 2015.12.09 2014가합541438