손해배상(국)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The parties concerned are local governments that implemented the “C Development Project” construction works in both-gun B of Gangwon-do (hereinafter “instant construction works”).
The plaintiff is the representative of D (hereinafter referred to as "stock company" in the name of the company) who participated in the instant construction.
B. On or around the beginning of 2012, the Plaintiff prepared and submitted the instant construction project’s draft plan to the Defendant. Upon reviewing the said draft plan, the Defendant determined the implementation of the instant construction project and announced a tender for the selection of the contractor on May 2012, and the construction was determined as the successful bidder in the said tender. On July 17, 2012, the Defendant: (a) the contract amounting to KRW 951,69,120 for the instant construction project between Han Construction and Han Construction as of July 17, 2012; and (b) the construction contract for the instant construction project from July 23, 2012 to October 10, 2012 (hereinafter “instant contract”).
2) Korea-Japan Construction entered into a subcontract with E on October 2012, 2012, with respect to the instant construction works and appurtenant works, and with respect to the remainder of sculptures and fountaining works, the construction cost was KRW 651,00,000.
E The subcontracted construction work was actually executed by D.
3) On October 4, 2012, the Defendant entered into an amendment agreement that extends the time limit for completion of the instant contract to December 20, 2012, and concluded on April 23, 2013, following the revision on March 2013 and around April 23, 2013, the instant contract amount was increased to KRW 1,134,158,000 on April 23, 2013. 4) Korea Construction concluded an amendment agreement that increases the contract amount of the instant contract to KRW 1,134,158,000 on April 23, 2013.
5 The defendant completed the completion inspection of the instant construction work on May 9, 2013.
Around May 2013, the Defendant finally changed the contract amount of the instant contract to KRW 1,131,400,000 and changed to the construction of Hanwest.