추가검사비용등 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for the court’s explanation of this case is as follows, except for the addition of the judgment as to the Plaintiff’s assertion emphasized or added by this court, and thus, it is identical to that of the judgment of the court of first instance. Thus, the court’s explanation of this case including the abbreviation pursuant to the main sentence of Article 420 of the Civil Procedure Act
2. Additional determination
A. The gist of the Plaintiff’s assertion 1) The Plaintiff’s exemption from liquidated damages ought to undergo a radiation dose test. However, following the conclusion of each of the instant contracts, the amendment of the instant regulations and the Enforcement Rules of the Nuclear Safety Act strengthened regulations on radiation dose tests. As a result, the Plaintiff’s relocation to a site meeting the strengthened inspection standards and the increase in inspection hours, etc. were inevitable. This constitutes “vis major” or “reasons not attributable to suppliers,” which is the exemption from liquidated damages under Article 1.09.2 of the General Conditions of each of the instant contracts, and thus, the Defendant’s exemption from liquidated damages, which is part of the price for liquidated damages, is unlawful, and the Defendant is obliged to pay 250 million won, which is part of the price for liquidated damages, and delay damages therefrom, even if the foregoing circumstances were not applicable to the Plaintiff, the delivery under each of the instant contracts is delayed due to the amendment of the statutes, and the Plaintiff’s excessive payment of expenses due to the amendment of the statutes, etc., and the Plaintiff’s delay in the delivery of liquidated damages due to the Plaintiff.
Therefore, the defendant's compensation for delay deducted from the plaintiff.