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(영문) 대전지방법원 2018.01.17 2017나107337

공사대금

Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On April 29, 2015, the Plaintiff entered into a contract with the Defendant, setting the construction cost of KRW 616,851,000 for the construction period, up to October 29, 2015, for the construction period of KRW 616,851,00 for the construction work, and at least 0.1% for delay compensation (hereinafter “instant contract”).

B. On September 8, 2015, the Plaintiff submitted to the Defendant a positive report to the effect that “The method of destroying the base for the instant construction project is changed from the human resources method to the method of cutting revolving equipment,” and the Defendant approved it on the 10th of the same month.

C. On October 27, 2015, the Plaintiff submitted to the Defendant a positive report to the effect that “Inasmuch as it is impossible to operate the instant construction period due to bad weather conditions, it shall be extended to 23 days.” On October 28, 2015, the Defendant decided that the instant construction period was extended to 8 days.

On October 29, 2015, the Plaintiff and the Defendant entered into a modified contract with the effect that the construction period of the instant construction works will be extended by November 6, 2015 (hereinafter “instant modified contract”).

E. On November 23, 2015, the Plaintiff submitted a positive report to the Defendant stating that “The equipment rate of PRECAS WEL transport, storage, and conference shall be KRW 34,672,00,00 for additional construction cost due to different on-site conditions,” and the Defendant should have raised an objection at the time of the occurrence of the ground for modifying the design, and it cannot be accepted as it requested for design change at the present time of most of the basic construction type completed, and it shall not be deemed as the ground for modifying the construction contract.”

F. On November 27, 2015, the Plaintiff extended the construction period of this case to the Defendant on November 27, 2015, since the construction is delayed due to the strike and tidal currents, etc. of the instant construction site.