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(영문) 서울고등법원 2018.07.06 2018나2000686
공사대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 21, 2012, the Plaintiff entered into a contract for work, as the Armed Forces Administration Bureau affiliated with the Defendant (hereinafter “State Armed Forces Finance Administration”)

between the Corporation and the “A” (hereinafter referred to as “instant construction”).

() A contract for construction works in the form of a long-term continuing construction contract (hereinafter referred to as “instant contract”) concluded between September 21, 2012 and November 20, 2014 (from September 21, 2012: the first water construction period: from March 20, 2014 to November 20, 2014; the second water construction period: March 21, 2014 to November 20, 2014) with respect to the total construction amount (hereinafter referred to as “instant contract”).

A) Around that time, the instant construction was commenced. (2) The main contents of the general terms of the construction contract (hereinafter “instant general terms”) included in the instant contract are as follows.

(5) The ratio of indirect labor expenses, industrial accident insurance premium and occupational health and safety management expenses, etc. to the increase or decrease in the contract amount pursuant to the provisions of paragraphs (1) and (2), and the general management expenses and profits shall be based on the ratio of indirect labor expenses, such as the ratio of industrial accident insurance premium rate and occupational health and safety management expenses, etc. on the calculation sheet, and the ratio of general management expenses and profit ratio, but shall not exceed the ratio determined by the relevant

Article 23 (Adjustment of Contract Price Following Amendment to Terms and Conditions of Contract) (1) Where it is necessary to adjust the contract price due to an amendment to the terms and conditions of contract in a construction contract, such as a construction period, an amendment to transportation distance, etc., in addition to cases under Articles 20 and 22, the public official in charge of contracts shall adjust it within the extent

(3) Article 20 (5) shall apply mutatis mutandis to paragraph (1).

(4) In cases under paragraph (1), if the contract price is increased, mediation shall be made upon request of the other party to the contract.

Article 25 (Compensation for Delay) (3) The public official in charge of contracts shall fall under any of the following subparagraphs and delay the construction work:

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