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(영문) 수원지방법원안양지원 2015.04.30 2013가합102102
손해배상(기)
Text

1. The Defendant: (a) KRW 251,180,569 for the Plaintiff and KRW 6% per annum from April 9, 2014 to April 30, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On October 22, 2008, the Plaintiff gathered a joint construction company with the Korea National Housing Corporation (hereinafter “Defendant”), and entered into a contract for construction works with the Korea National Housing Corporation (hereinafter “Defendant”) by setting the construction cost as KRW 5,000,000 on May 25, 2010, when the road name was changed into “B Corporation” (hereinafter “instant construction works”). The Plaintiff entered into a contract for construction works with the Korea National Housing Corporation (hereinafter “Defendant”) on the commencement date of the construction works on November 5, 2008; the completion date of the construction works; the construction cost was KRW 5,00,294,00,00 on September 30, 209.

(hereinafter “instant contract”). B.

On November 5, 2008, the Plaintiff submitted a commencement report to the Defendant on November 5, 2008 and tried to start construction. However, it is difficult to start construction due to the lack of land compensation, obstacles removal and compensation as a result of the survey and investigation in the construction site. The Plaintiff immediately notified the Defendant of such circumstances, and reported that construction is possible without land compensation but obstacles should be prior to the construction without land compensation, and that partial construction is impossible because the flow of existing river is interrupted at the time of commencement due to narrow river width. On November 28, 2008, the Plaintiff requested the Defendant to postpone construction on the said ground.

C. Accordingly, on December 11, 2008, the Defendant held a countermeasures meeting with the participation of the Plaintiff’s officers and employees, accepted the above request, and temporarily postponed the commencement date on March 31, 2009 as of December 16, 2008. Thereafter, the Defendant concluded a contract for each modification over 10 times with the Plaintiff, etc. on the grounds of delay in consultation on land and obstacles, extension of the completion date due to the plan for the suspension of construction of scrap iron and winter, price fluctuation, design change, etc. as listed below.

On September 23, 2009, the ground for the change of the number of vehicles due to the contract completion date (the contract completion date) on the date of the commencement of the contract for the change of the number of vehicles, shall be October 30, 2010, "on November 5, 2010, the first extension period of the number of vehicles shall be extended on June 8, 2010, respectively.

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