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(영문) 의정부지방법원 2019.01.10 2016가합52644
공기연장으로 인한 간접비등 청구의소
Text

1. The Defendant’s KRW 205,856,578 as well as the Plaintiff’s KRW 3.9% per annum from February 18, 2016 to January 10, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into a contract between the Plaintiff and the Defendant on December 12, 201, with respect to the repair facility renovation works in the B district (hereinafter “instant construction works”).

As to the construction period, from December 13, 201 to December 30, 2011, the first and several contracts with the construction cost of KRW 34,960,00 were entered into, and the first and several contracts with the construction cost of KRW 34,960 were entered into, a general contract with the total construction cost of KRW 1,325,454,00 from December 13, 201 to December 20, 201, and the total construction cost of KRW 1,325,45,00 were entered into. (2) The instant contracts with the construction cost of the instant case were entered into by the method of a long-term contract (hereinafter referred to as “the instant contracts by the number of different contracts,” the overall contracts with the general contract, and the amendment of the overall contracts and the instant contracts by the general contract between the Plaintiff and the respective 20-14 and the instant general contract by 30-10 (hereinafter referred to as “the instant general contract”).

B) The part related to the instant case was incorporated into a contract. The Plaintiff received the completion price of each of the instant contracts from the Defendant on January 18, 2012 (the first multiple contracts), December 26, 2012 (the second multiple contracts), December 31, 2013 (the third multiple contracts), and December 29, 2014 (the fourth multiple contracts), respectively (the fourth multiple contracts) (the fourth multiple contracts), and received only the progress payment of KRW 312,631,000 from the Defendant on November 5, 2015).

C. (1) The Plaintiff applied for the adjustment of the contract amount to the Defendant due to the primary price fluctuation (on January 1, 2013, the date of adjustment), and thereafter, the Plaintiff and the Defendant applied for the adjustment of the contract amount on December 5, 2013.

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