logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2017.11.29 2017나22156
정산금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. The Defendant was a juristic person established with the aim of promoting road maintenance and contributing to the development of road traffic by conducting the construction and management of roads and other projects related thereto in accordance with the Korea Highway Corporation Act. Around June 2007, the Defendant selected part of the employees remaining after the retirement age of at least three years from among the employees belonging to the field safety patrolman’s continuous service for at least 15 years, who applied for a desired retirement, as an eligible person for the operation of the foreign vessel. (ii) Accordingly, the Plaintiffs were selected as the eligible person for the operation of the foreign vessel. (iii) The Defendant and the Defendant concluded a service contract, such as the expressway safety patrol (hereinafter “instant service contract”) under the jurisdiction of the Defendant branch, and was entrusted with the said duties by the Defendant.

B. Article 4(1) of the General Terms and Conditions of the instant service contract (Contract Documents) of the General Terms and Conditions of the instant service contract is comprised of the contract, good faith, general terms and conditions of the service contract, special terms and conditions of the service contract, business terms and conditions, advance payment terms and specifications, and calculation sheets, and have the ability to mutually supplement them.

However, in such cases, the calculation statement shall have the effect as a contract document as a standard to apply at the time of the adjustment of the contract amount and the payment of the price for the completed portion as provided in this condition.

Article 15 (Adjustment of Contract Amount Due to Price Fluctuations) (1) The adjustment of contract amount due to price fluctuation shall be governed by the provisions of Article 64 of the Enforcement Decree and Article 74 of the Enforcement Rule.

Article 16 (Change of Details of Business) (1) Where a contracting officer deems it necessary for the purpose of contract, he/she may instruct contracting parties to the following tasks:

(7) A request for the adjustment of the contract amount by the other party to the contract under paragraph (5) may be made to receive the adjustment amount by not later than the completion cost under Article 27 (in cases of a long-term long-term contract, the cost of completion

Article 17. Other Contents of the Contract.

arrow