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(영문) 서울중앙지방법원 2017.10.25 2017가합502373

약정금

Text

1. The Defendant: 382,741,322 won to Plaintiff Sejong Construction Co., Ltd.; and 239,197,778 won to Plaintiff Hanwon Construction Co., Ltd. and the above.

Reasons

1. Basic facts

A. 1) On February 3, 2009, the Plaintiffs constituted a joint supply and demand organization (hereinafter referred to as the “instant construction project”) and from the Defendant, the MineIC-Medical Road Expansion Corporation (hereinafter referred to as the “instant construction”).

(2) On June 12, 2009, the Plaintiffs and the Defendant concluded a contract with respect to the instant construction on February 2, 2012, setting the following terms and conditions as the contract amount of KRW 31,264,848,00, and the date of completion as of February 2, 2012:

Article 11 (Securing Construction Sites) (1) An ordering agency shall secure construction sites and deliver them to the counter-party by the date on which the counter-party to the contract needs to perform the construction works, except as otherwise provided in the contract documents.

Article 19 (Modification, etc. of Design) (1) Design changes shall be made in any of the following cases:

(3) The modification of design under paragraph (1) shall be completed before the construction of the parts for which the design modification is required.

Article 26 (Ex Post Facto Extension of Contract Period) (1) Where a cause or event referred to in any subparagraph of Article 25 (3) occurs within the contract period, the other party to the contract shall, without delay, apply for extension of contract period to the public official in charge of contracts and the construction supervisor in writing, attaching the revised process table referred to in Article 17 (1) 2

Provided, That where the grounds for extension have occurred within the contract period and the contract period expires after the expiration of the contract period, the application for extension of the contract period shall be immediately filed.

(2) Upon receipt of an application for extending the contract period under paragraph (1), the public official in charge of contracts shall promptly verify the fact and take necessary measures, such as extending the contract period so that the construction works can be performed appropriately

(4) Where the contract period is extended under paragraph (2), it shall be extended according to the changed matters under Article 23.