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(영문) 서울고등법원 2017.09.22 2016나2067555

공사대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 3, 2010, the Plaintiff: (a) awarded a contract with the Defendant for the construction of the National Scenic Resource Center, which was publicly announced by the Defendant (the Ministry of Environment) on tender on December 3, 2010; (b) entered into three contracts with the Defendant, and completed the total construction on September 23, 2013.

On February 23, 2012, 17,837,00,000,00 on January 24, 2012 ( October 25, 2011) 15,400,971,000,00 on March 31, 2012 ( March 28, 2012), of the initial change in the contract price (the original date of the contract) contract (the original date of the contract) due to the original change on May 31, 2012, 15,40,971,000 on March 31, 2012 (the date of the contract) and on May 2, 2012, 134,00,000,000,000,000 on December 31, 2012;

B. On May 31, 2012, the Plaintiff completed the first construction, and in return, received the construction cost of KRW 15,400,971,200.

C. On July 16, 2012, the date when the second contract was concluded, the Plaintiff filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2012 Gohap128, which was decided on July 23, 2012, and the rehabilitation procedure was completed on January 17, 2013.

Upon the commencement of the above rehabilitation procedure, some of the Plaintiff’s sewage suppliers were suspended due to the Plaintiff’s declaration of waiver and suspension of construction due to fear of not receiving the construction cost. However, around September 3, 2012, the Plaintiff’s rehabilitation claim payment plan and the payment plan for completion after the completion of construction were determined and completed consultation with the sewage supplier. Since September 5, 2012, the construction was resumed.

The Plaintiff completed the construction works under the second contract among the above construction works on June 26, 2013, and requested the Defendant to pay the price therefor.

The defendant for the same year

8. 7. From the total 177 days of delay due to the Plaintiff’s failure to perform the construction works on December 31, 2012, the period for the second completion of the construction works, 2,226,492,00 won was offset against the construction price, and only the remainder was paid.

[Ground for Recognition] Unsatisfy, A No. 1.