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(영문) 서울중앙지방법원 2015.12.30 2015가합529749

지체상금 및 부당이득금 반환 청구의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 15, 2005, the Plaintiff (competent authority: Dosan Regional Land Management Office under the Ministry of Land, Infrastructure and Transport) concluded a long-term contract (Article 21(2) of the Act on Contracts to Which the State is a Party) with the construction work of bypassing roads (Seoul-do) on the national highways within the jurisdiction of the Si/Eup/Myeon (hereinafter “the instant construction work”) on the part of the non-party Nam-do Construction Co., Ltd. (hereinafter “Seoul-do”), setting the total construction contract amount of KRW 38,450,00,000, and the total construction contract period from February 25, 2005 to December 26, 2013.

B. The Plaintiff and the Southern Mine Construction are 'seven primary works less than 7 primary works during the instant construction works'.

After entering into the first contract on January 25, 2010, on December 21, 2011, the total additional contract amount of 5,506,362,300 won, and the last contract amount of 7th construction period from January 25, 2010 to December 26, 2011 was determined to pay liquidated damages of 0.1% per day during the construction period delayed if the construction work is delayed. (C) Southern Land was 16,686, 1,518 cubic meters, tunnel 5,230, 201, and 200,000,000,000 won and 24th,000,000 won and 26th,000,000 won and 16,000,000 won and 26th,00,000 won and 20,000 won and 26th,00 won and 26th,01.

each entry, pleading, or pleading of the court.