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(영문) 서울고등법원 2017.10.24 2016나2067593

공사대금

Text

1. The part of the judgment of the court of first instance against the original engineering corporation of the plaintiff is modified as follows.

The defendant.

Reasons

1. Facts of recognition;

A. On January 30, 2013, the Defendant and the KD Construction Co., Ltd. entered into a contract with the Defendant to change the construction cost into KRW 2.4 billion (including value-added tax) for the new construction of the ground education and research facilities B (C kindergarten; hereinafter “instant building”) (hereinafter “instant construction”) (hereinafter “instant construction”) at the time of strike from the Defendant on January 30, 2013, and was awarded a contract on October 30, 2013; and on February 15, 2013, the Defendant and the aforementioned construction cost were changed to KRW 3.82 billion (including value-added tax).

B. Case Construction and the subcontract between the Plaintiffs 1) Plaintiff Primary Engineering Co., Ltd. (hereinafter “Plaintiff Primary Engineering”)

(2) From February 9, 2013, from AD Construction, “electric, telecommunication, and electric fire-fighting construction” during the instant construction was awarded a subcontract for construction cost of KRW 286 million (including value-added tax) and KRW 30,000 (excluding value-added tax) and the completion date of the completion date of the instant construction project; and thereafter, it commenced construction around that time. (2) The Plaintiff Sslova Racing Co., Ltd. (hereinafter “Plaintiff Sllas”) (hereinafter “Plaintiff Sllas”) of the instant construction around November 9, 2013 determined “construction cost” as KRW 27.5 million (including value-added tax) and the completion date of the instant construction project as of November 25, 2013, and began construction work around that time.

C. In the event that the instant construction was delayed, the Defendant agreed on the waiver, etc. of the instant construction project between the Defendant and the Do Construction (hereinafter “instant waiver agreement”) as follows: (a) on October 15, 2013, the instant construction project was delayed; (b) on the future schedule of progress of the instant construction project and the conditional waiver, etc. of the construction cost (hereinafter “instant waiver agreement”).

1. The date of completion shall be November 11, 2013 at the end of all the completion certificates necessary for authorization and permission of a kindergarten to the defendant.

2. In cases where it is impossible to submit kindergarten authorization and permission documents to the Office of Education due to the completion of construction on November 11, 2013, the amount of delay compensation shall be KRW 20 million on a daily basis after November 11, 2013.