손해배상(기)
1. The Defendant’s KRW 53,529,064 and KRW 13,170,764 among the Plaintiff and KRW 40,358,300 from December 29, 2017.
Basic Facts
On November 2, 2017, the Plaintiff entered into a contract for construction works (hereinafter referred to as “instant contract”) with the Defendant and entered into a contract for construction works (hereinafter referred to as “instant contract”) with the terms and conditions that the Plaintiff was awarded a contract with the Defendant, setting the construction period from November 7, 2017 to May 5, 2018 (total of 180 days), and the construction cost of 1,66,528,800 won (excluding value-added tax), and filed a report on the commencement of construction works on November 7, 2017.
On November 20, 2017, the Plaintiff began the instant construction after obtaining a building permit from the Defendant.
On November 29, 2017, the Defendant confirmed that the ground of the instant construction site was weak than the originally anticipated and that the inflow of groundwater was high. On December 7, 2017, the Defendant agreed to change the location of the underground water tank room to the rooftop with the Plaintiff, the construction supervision company, the designer, etc. on December 7, 2017, but the Plaintiff agreed to fill-up and secure soil erosion for the execution of file works during the design modification work period, such as building structure calculation and drawing work.
On January 8, 2018, the Plaintiff reported to the Defendant on the completion of banking and file installation works according to the design change.
On January 9, 2018, the Defendant notified the Plaintiff of the suspension of construction on the ground of “where the contracting officer orders the contract officer to change the location of the underground water tank room due to ground conditions”.
On March 13, 2018, the Defendant notified the Plaintiff of the following determination on the resumption of construction and extension of the deadline for completion, and demanded the Plaintiff to submit relevant documents (the revised calculation sheet, the revised commencement report including the revised schedule, and the contract guarantee document reflecting the increase in the contract period) so that the contract period can be extended in accordance with the general terms and conditions
The name of the construction project: The deadline for the completion of the construction project in this case: July 8, 2018, which was changed on May 5, 2018: The date of the resumption of the construction project (the date of the suspension of construction: January 9, 2018): March 13, 2018: The plaintiff who completed the consultation on the change of the location of the underground water tank due to ground conditions. < Amended by Presidential Decree No. 28907, Mar. 14, 2018>