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(영문) 서울중앙지방법원 2016.08.26 2015가합524188

공사대금

Text

1. The Defendant: (a) KRW 2,226,492,00 for the Plaintiff and 4.74% per annum from July 4, 2013 to April 24, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On December 3, 2010, the Plaintiff: (a) awarded a contract with the Defendant for the construction of the National Scenic Resource Center, which was publicly announced by the Defendant (the Ministry of Environment) on tender on December 3, 2010; (b) entered into three contracts with the Defendant, and completed the total construction on September 23, 2013.

On February 23, 2012, 17,837,00,000,00 on January 24, 2012 ( October 25, 2011) 15,400,971,000,00 on March 31, 2012 ( March 28, 2012), of the initial change in the contract price (the original date of the contract) contract (the original date of the contract) due to the original change on May 31, 2012, 15,40,971,000 on March 31, 2012 (the date of the contract) and on May 2, 2012, 134,00,000,000,000,000 on December 31, 2012;

B. The Plaintiff completed a construction project under the second contract among the above construction works on June 26, 2013 and claimed payment for the same to the Defendant.

The defendant for the same year

8. 7. From the total 177 days of delay due to the Plaintiff’s failure to perform the construction works on December 31, 2012, the period for the second completion of the construction works, 2,226,492,00 won was offset against the construction price, and only the remainder was paid.

【Ground for recognition】 The fact that there is no dispute, Gap's 1 through 6 (including additional numbers), Eul's 2, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion did not prepare a modified contract regarding the extension of the period of the second contract, the modification contract, which was the preceding process, was prepared for 128-day extension of the period of the first contract, and later, the total period of the construction was extended by the same number of days. Thus, the period of the second construction completion is also 15 days (calculated on the basis of the ratio of the second and third construction period) or at least 100 days (calculated on the basis of the ratio of the second and third construction amount).

Moreover, the second construction was not completed by the deadline for completion under the contract does not cause any cause attributable to the Plaintiff, except for the lack of absolute construction period.