(영문) 수원지방법원 2020.09.10 2017가합15389

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(영문) 수원지방법원 2020.09.10 2017가합15389

공사대금

Text

1. The defendant,

A. As to KRW 127,517,657 among Plaintiff B and its KRW 86,49,875 among them, from August 16, 2015;

Reasons

1. Basic facts

A. 1) The entry of A and C Co., Ltd. (hereinafter “Co., Ltd.”) in the name of the company is omitted.

2) The joint contractors (the share ratio shall be A80%, C20%, and hereinafter referred to as “joint contractors of this case”) shall be the joint contractors.

(2) On April 20, 201, the Defendant and the end-user institution as the office of clean water in the Socheon-gun, the D Corporation (hereinafter “instant Corporation”) is organized.

As to a long-term continuing contract, KRW 25,39,90 for the total construction cost, KRW 25,91,975,189 for the total construction period, and KRW 900 for the total construction period (from April 21, 2011 to October 6, 2013), and for the first year (201) contract among the instant construction works (from April 21, 2011 to October 17, 201), the total construction cost of KRW 4,00,000 for the construction cost and the first and several construction contracts were concluded (hereinafter referred to as the “instant comprehensive contract”), and each of the instant comprehensive contracts and several contracts “the instant construction contract” for each of the following contracts for each of the instant construction works.

2) Of the general conditions of the construction contract applicable to the instant construction contract (hereinafter “instant general conditions”), the part relating to the instant case is as follows.

Section 7. Adjustment of the contract amount due to the adjustment of the contract amount

(a) Where the volume of construction increases or decreases, such as a change of the method of construction in a design or a change of input materials, a contracting officer shall adjust the contract amount according to any of the following standards:

Provided, That in cases of a construction which prepares a bill of quantity of quantity and submits a statement of calculation in accordance with Article 15 (7) 1 (b) or 2 of the Enforcement Decree, the contract amount shall not be changed even if the contents of the contract are changed due to omissions, errors, etc. in some items

The unit price for the increased or decreased volume of construction works shall be the agreed unit price.

Provided, That where the contractual unit price is higher than the budget unit price, and the quantity is increased.

유사 판례

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