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Reasons
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(영문) 서울중앙지방법원 2018.07.06 2017가단5137234
손해배상(기)
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1. The Defendant’s KRW 12,674,329 as well as the Plaintiff’s annual rate of KRW 6% from June 16, 2017 to July 6, 2018.

Reasons

1. Basic facts

A. Around July 2016, the Korea National Defense University, under the jurisdiction of the Defendant, was required to establish B for A education, and the Ministry of National Defense instructed the Korea National Defense University to utilize a separate library among C areas.

B. Around December 6, 2016, the Korea National Defense University entered into a construction contract with the Plaintiff on the terms of the contract for the instant remodeling project at the Korea National Defense University (hereinafter “instant construction project”), setting the contract period from December 6, 2016 to July 31, 2017, and the construction cost of KRW 423,226,40 (excluding value-added tax) (hereinafter “instant contract”). As a result of the design modification, the construction cost was increased to KRW 461,614,410 (excluding value-added tax).

The provisions related to the instant case among the general conditions of the construction contract incorporated into the instant contract (hereinafter “general conditions”) are as follows:

(1) Where the other party to a contract falls under any of the following subparagraphs, a contracting officer may cancel or terminate a contract in whole or in part:

Provided, That where it is deemed necessary to maintain the contract in cases falling under subparagraph 3, the contract shall be maintained when the other party to the contract additionally pays the contract bond equivalent to the portion for which the contract execution has not been completed.

1. Where the agreed commencement date has elapsed from the agreed commencement date without any justifiable ground but fails to commence construction works;

2. Where construction works are not completed or are unlikely to be completed by the deadline for completion due to reasons attributable to the other party to the contract;

3. Where the penalty for delay under Article 25 (1) reaches an amount equivalent to the contract deposit of the relevant contract (in cases of a long-term continuing construction contract, contracts by car number) under Article 50 (1) of the Enforcement Decree.

4. A contract concluded after the second construction in a long-term continuing construction contract.

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