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(영문) 서울중앙지방법원 2015.12.24 2014가합36752

약정금

Text

1. The Defendant’s KRW 141,144,750 among the Plaintiff and KRW 904,50 among them, shall be from August 1, 2012, and KRW 17,831,250.

Reasons

1. Basic facts

A. Contract and agreement between the Defendant and B 1) The Korea Rail Network Authority receives the “new construction works for Honam High-speed Railroad C No. 1” from the Korea Rail Network Authority (hereinafter “Slun Construction”).

() The Defendant contracted the part of the production and supply of concrete necessary for the above construction to the Defendant. On November 1, 2011, the part of the construction work for concrete was contracted to B (trade name: D) and the Defendant subcontracted the construction work to B/P Bater Plant’s abbreviation with “B/Patch Plant’s abbreviation,” which is installed to produce sand, gravel, cement mixed at the construction site in order to produce ready-mixed (scened later in concrete). The term “C/Prus Pherherant’s abbreviation,” which is the abbreviation of C/Prus Pherher Pherherant, and a machinery and equipment to make melting rocks, etc. used in concrete aggregate by crushinging tin, etc. (hereinafter “instant construction work”). The contract amount was set at between 1,920,710,000 won (including value-added tax) and 11,201 November 29, 2011 to 200.

(2) Although the contract term under the instant contract was set from November 1, 201 to October 29, 2012, the construction period of the instant contract was increased for more than a number of months following the conclusion of the instant contract due to the reasons such as design change of the Korea Rail Network Authority, cancellation of contract with the subcontractor of the original contractor, etc., which is the owner. Accordingly, the contractor B, who is the contractor of the instant construction, demanded the Defendant to compensate for losses arising from the extension of the construction period, and the Defendant and B entered into a written agreement with the following contents to compensate for losses arising from B related to the instant contract:

In order to clarify the relationship of rights according to the B/P, establishment, removal and operation of C/P, and supply contract entered into on November 1, 201 by the defendant and D as of November 1, 201, this Agreement shall be prepared, signed and sealed in two copies of this Agreement, as follows: