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(영문) 대전지방법원 천안지원 2018.05.11 2017가합100249

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff EP Construction Co., Ltd. (hereinafter “Plaintiff EP Construction”) concluded a joint supply and demand agreement with the representative recipient to have the shares of 50%, 30%, and 20%, respectively, with respect to the construction work of Minecheon Middle School ordered by the Defendant on April 8, 2015 (hereinafter “instant construction work”), and concluded a construction contract with the Daejeon Local Government Procurement Service for a contract for construction work of KRW 10,685, 163, and 450, and the construction period from April 15, 2015 to July 7, 2016, the date of completion, and the compensation rate for delay, with the payment rate of KRW 10,685, 163, and 450, and the compensation rate for delay. < Amended by Presidential Decree No. 26874, Jul. 7, 2016; Presidential Decree No. 26888, Oct. 1, 2016>

(hereinafter “instant contract”). (b)

The general conditions of the construction contract applicable to the instant contract are as follows.

SECTION 6: Change in the Construction Design

1. Design changes;

(a) Design changes shall be made in any of the following cases:

(1) If the content of the design document is unclear, or if there is an omission, error, or mutually contradictory point in the construction site, 2) if the situation of the construction site, such as geological features and water, differs from the design document, 3) if the use of a new technology and method of construction, the effect of reducing the construction cost and reducing the construction period, etc. is apparent, 4) other cases where the ordering agency deems it necessary to modify the design document, etc.

1. Damages for delay;

A. If the contractor (hereinafter the same shall apply) fails to complete the construction within the deadline for completion stipulated in the contract, he/she shall pay in cash the amount calculated by multiplying the contract price by the delay rate stipulated in the contract for each number of days (hereinafter “damage for delay”).

C. When a contracting officer deems that construction has been delayed because it falls under any of the following subparagraphs, he/she shall add the relevant number of days to “A”: