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(영문) 서울중앙지방법원 2021.01.20 2016가합558201
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On July 15, 2008, the Defendant issued a public notice of tender to the effect that the tender will be implemented by means of alternative bidding for the total construction period of 1,500 days with respect to “B (C Tools)” (hereinafter “instant construction”).

2) The Plaintiff, along with D Co., Ltd. (hereinafter “D”), and E Co., Ltd. (hereinafter “E”), constituted a joint supply and demand entity that represents the Plaintiff (hereinafter “instant joint demand entity”) and participated in the instant construction project tender, and was selected as a successful bidder.

The ratio of shares in the common water of this case is 55%, D 25%, E 20%.

B. On December 29, 2008, the joint water supply unit of the instant case entered into a contract for construction work with the Defendant for construction work with the term of 216,409,200,000,000 additional total construction cost as to the instant construction work, on December 29, 2008, and on December 30, 2008 (the total construction period of 1,500,000) as of the date of completion.

[General Conditions of the Construction Contract] Article 18 (Holiday and Night Work) (1) Unless otherwise stipulated in the contract document, the other party to the contract is prohibited from performing holiday or night work without the approval of the contracting officer, except as required by the contracting officer.

(2) Where the other party to a contract works on a holiday or at night with approval of the person in charge of the contract pursuant to paragraph (1), he/she shall not claim additional expenses.

Provided, That this shall not apply where the contractor instructs the reduction of the air of a contracting officer and the work on holidays or nights due to the defendant's unavoidable reasons.

(3) Article 23 shall apply mutatis mutandis to the case of the proviso to paragraph (2).

Article 20 (Adjustment of Contract Price due to Modification of Design) (1) In cases where there occurs an increase or decrease in the volume of construction, such as a change in the method of construction of a design, or a change in input materials, a contracting officer shall make the contract amount according to the following standards:

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