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(영문) 서울고등법원 2018.04.06 2017나2017267

지연보상금청구 등의 소

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On July 28, 2010, the Plaintiff received a contract from the Defendant with the construction period fixed from August 2, 2010 to November 13, 2013 (including value-added tax) for the construction of the Yeongdeungpo-gun nuclear headquarters substitute site on the land outside of 1373-1, Hongnam-gun, Hongnam-gun, Hongnam-gun, with the construction period fixed from August 2, 2010 to November 13, 2013, and thereafter completed the construction (hereinafter “instant construction”).

B. The Plaintiff agreed with the Defendant to modify the content of the instant construction contract over 11 times as follows.

(1) The construction work completion date of May 18, 201, extended on May 18, 201, extended on May 24, 2014 to 35,417,061,00 won as of May 24, 201; and the construction work completion date of 36,61,64,00 won increased to 36,64,00 won on September 25, 201; and the construction work completion of 39,023,680, 680, 101 won to 39. 4. 5. 5. 1. 1. 1. 206: The construction completion date of construction is extended to 39,64,00 won on April 30, 2012; and the construction completion of construction work is extended to 41,029,000 won on May 18, 2013 to 2015;

C. Meanwhile, the part related to the instant case among the general conditions of the Defendant’s construction contract that applies to the instant construction contract (hereinafter “general conditions of construction contract”) is as follows.

Article 2 (Definitions) The definitions of terms used in these terms shall be as follows:

5. The term “design” means construction specifications, design drawings and site descriptions.

(latter) Article 3 (Contract Documents) ① Contract documents shall consist of contract documents, design documents, oil, general conditions of contract for a construction project, special conditions of contract for a construction project and calculation sheets, etc. and shall have the effect of mutual supplementation.

(B) Article 23 (Change of Design by Orderer) (1)