보증금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 13, 2016, the Plaintiff entered into a contract for construction works between the Plaintiff and C and the Plaintiff (hereinafter “C”)
(2) The construction work of building on the 15th above ground and the 4th underground floors of the Seocho-gu Seoul Metropolitan Government D Site (hereinafter “instant construction work”).
As to the construction cost (including value-added tax), the construction period of KRW 7,810,00,000 (including value-added tax), up to 20 months from the date of reporting the commencement of the construction, and 1/1000 of the total amount of the daily contract per each day of delay as liquidated damages was entered into. 2) C began the removal of the old building from September 13, 2016, and began the construction work on November 1, 2016, including submission of a report on dust scattering project to the head of Seocho-gu Office.
3) On November 24, 2016, C discovered high voltage power distribution lines laid underground on the site boundary of the site during the construction project, and applied for the relocation of power distribution lines to the Korea Electric Power Corporation on the side of the Korea Electric Power Corporation, but the relocation of power distribution lines was delayed due to the reasons such as the examination of excavation permission. Meanwhile, on December 6, 2016, the President of the Korea Electric Power Corporation sent a request for emergency road excavation cooperation to the head of Seocho-gu branch office of the Korea Electric Power Corporation, and C sent a public notice to the head of the Seocho-gu branch office of the Korea Electric Power Corporation on December 9, 2016 to the effect that the high voltage power distribution lines are relocated. 4) In the foregoing process, the construction was suspended until the high voltage power distribution lines are relocated.
Accordingly, on January 3, 2017, the Plaintiff and C revised the construction period of the instant construction project to September 3, 2018, and drafted a new construction contract. The contract entered the commencement date of the construction project on January 3, 2017 and the construction period from January 3, 2017 to September 3, 2018.
5) After July 31, 2017, the Plaintiff and C respectively stipulate a contract modification agreement which extends the deadline for completion from September 3, 2018 to March 31, 2019 as the instant construction cost of KRW 7,956,00,000 (including value-added tax); and the contract modification agreement which extends the deadline for completion from September 3, 2018 to March 31, 2019.