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(영문) 서울동부지방법원 2018.06.07 2016가합110305
지연보상금 청구의 소
Text

1. The defendant shall pay to the plaintiff A corporation KRW 2,595,568,778, and the plaintiff B corporation KRW 458,041,549 and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiffs are contractors who have concluded a contract for construction work with the Defendant for the “C Construction Work” (hereinafter “instant Construction Work”) after forming a joint supply and demand organization with the representative Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), Plaintiff A85% of investment ratio, and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”), and the Defendant is the project owner of the instant Construction Work.

B. On August 11, 2008, the Plaintiffs entered into a contract for construction works with the Defendant (hereinafter “instant contract for construction works”) with respect to the instant construction works. The main contents of the said contract, construction contract, general conditions, and special conditions are as follows.

-the construction contract form-

2. Construction name: The instant construction work;

3. Contract amount: Japanese gold sale sale price 20,884,281,000 (in n n n n s 18,985,710,000, and value added tax: 1,898,571,000).

5. Method of adjusting the contract amount due to price fluctuation: (Index) adjustment rate.

9. Date of commencement: The date of completion on August 10, 2008: February 13, 2012 (1280 days): General Conditions of the Contract for Construction - Article 11 (Securing Construction Sites) (1) shall, except as otherwise provided for in the contract documents, secure construction sites until the date on which the counter-party to the contract needs to perform the construction works, and deliver them to the counter-party.

Article 26 (Extension of Contract Period) (1) Where any cause falling under any subparagraph of Article 25 (3) occurs within the contract period, the other party to the contract shall immediately attach a modified process table to Article 17 (1) 2 to the field supervisor and contract-related personnel in writing, and apply for the extension of contract period and the adjustment of contract amount under paragraph (4) to them before the contract period expires.

(2) Upon receipt of an application for extending the contract period under paragraph (1), the ordering person shall promptly investigate and confirm the fact and take necessary measures, such as extending the contract period so that the construction work may be performed appropriately.

(4) Paragraph (2).

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