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(영문) 대전지방법원 2015.01.22 2012가합3047

공사대금

Text

1. The Defendant: (a) KRW 26.2 billion to the Plaintiff; and (b) KRW 5% per annum from March 20, 2012 to January 22, 2015.

Reasons

1. Basic facts

A. On November 23, 1998, the Defendant Union, which was established on November 23, 1998, ordered the construction of a site preparation project for new hotel and container among the aforementioned D Hot Spring Tourist infrastructure construction project, to the old D Hot Spring Complex Construction Co., Ltd., for the purpose of implementing the said D Hot Spring Tourist Site Development Project, as the cost of the construction of the site development project was designated as the D Hot Spring Site Development Project, and the construction was suspended by performing only a part of the said D Hot Spring Complex Construction Project.

B. On or around December 28, 2001, the Plaintiff Company and the Defendant Association referred to as the “instant site creation work” for the construction of hotel and contact within the said D Hot Spring Tourist Development Project Area from the Defendant Association (hereinafter “D Hot Spring Tourist Development Project”). However, it is limited to the “instant site creation work” from the following day.

A contract for construction works to be contracted was concluded on March 30, 2007, but the construction cost is KRW 4.166 million (including value-added tax) due to the modification of a project implementation plan on March 30, 2007, the scheduled date of commencement, April 1, 2007, and the scheduled date of completion of a completion plan, December 31, 2007, and the rate of liquidated damages for one day shall be 1/1,000 of the contract amount (construction price) and shall be determined as the contract amount to be contracted for the construction of the site of this case (hereinafter “instant modified contract”).

(2) On September 2007, the Plaintiff Company discontinued the construction of the instant site under the instant modified contract at the latest around September 2007, and the Defendant Union ordered the Plaintiff Company to perform the remaining construction works that were not executed by the Plaintiff Company, among the instant site development works, around that time (on September 2007).

C. E Co., Ltd., a site creation work conducted by E Co., Ltd., shall complete the remaining construction work, such as banking work for piling up electric rocks on the site of container parking lots from September 8, 2007.