logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.27 2015가합521752
공사대금
Text

The Defendant’s KRW 417,549,458 and KRW 400,00 among the Plaintiff and its KRW 400,000 from February 5, 2015, and KRW 17,549,458.

Reasons

1. Basic facts

A. (1) On July 2012, the Defendant entered into the instant contract. Around July 2012, the Defendant is the Defendant’s automatic packaging equipment to be installed in the Defendant’s factory located in Pyeongtaek-si C. (Automatic packaging System; hereinafter “the instant construction”). The instant construction works are “the instant automatic packaging equipment”.

2) As to the bid (hereinafter referred to as “instant bid”)

(1) The Defendant’s tender guide that was distributed at the time of the instant tender (hereinafter “instant guide”) was conducted.

The design conditions and reference drawings for the unit machinery constituting the instant automatic packaging equipment are specified as a system outline item. Of the guidance of this case, the contents relating to this case are as follows: Article 24 (Other Matters) of the General Tender Matters

C. The Defendant is able to modify or cancel the duties and construction works to be performed by bidders on the basis of justifiable grounds, and the modification of the total contract amount resulting therefrom is not recognized as an increase or decrease adjustment of the contractual amount, except as listed in the following subparagraphs:

(1) Where a business owner changes the basic details specified in a tender guide during the contract period.

(d) Adjustment of the cost of construction resulting from the modification shall apply to the unit cost of construction project (the unit cost on the statement of contract to be attached to the contract).

Tender Specialist Port

2.2.3. Common Matters 2.3. The contract price adjustment by design change will be limited to an additional amount exceeding 5% of the total cost, and the contract price adjustment will be conducted under an agreement between the ordering authority and the contractor at the expiration of the contract period.

2.5.The priority of the documents to be furnished shall be in the order of the special specifications and design drawings.

2.6. The design of drawings under the design change for completion of construction should be taken into account by the contractor;

2. The defendant shall undergo the above bidding procedure to the plaintiff.

arrow